Terms of Use

Last updated on February  19, 2021

Agreement to Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH KADAMA LLC

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and KADAMA LLC (“we,” “us” or “our”), concerning your access to and use of the KADAMA platform as well as any other media form, media channel, mobile web platform or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). You agree that by accessing the Platform, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted. The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

GENERAL TERMS

Kadama provides this platform and app to Users seeking tutoring services (“Students”) and to Users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf Users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, or browses any content on, and/or creates, uploads, posts, sends, receives or stores content to the Platform. These Terms are entered into by and between Kadama and you, and you accept them by: (a) accessing or viewing the content of the Platform; (b) contracting for tutoring lessons through the Platform; (c) registering as a tutor or providing tutoring lessons through the Platform; (d) using the Platform in any other manner; and/or (e) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Platform.

Eligibility

The Platform is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Platform.

User Representation

By using the Platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Platform; (6) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Platform for any illegal or unauthorized purpose; and (8) your use of the Platform will not violate any applicable law or regulation (9) You live in the United States or one of its territories.

Use and Function of Platform

KADAMA provides a marketplace for Students seeking tutoring to connect with Tutors and both parties are independently responsible for agreeing on all the aspects of the tutoring session including scheduling, duration of the session, and materials that will be used. Users understand and acknowledge that: (1) Tutors on the KADAMA platform are not employees, agents, or partners; (2) The KADAMA platform only acts as a way for Students to connect with Tutors by Students making offers to the Tutors, including but not limited to the ability to communicate through in-platform messaging; (3) The price is negotiated and agreed upon by the Student and Tutor (4) Tutors are solely responsible for determining their work schedule and acquiring their own equipment; (5) KADAMA does not control the services provided by a Tutor or how those services are provided (6) Users authorize that KADAMA, as permitted by applicable law can use personal information such as your full name and birthday to acquire reports based on publicly available information regarding users, which may include a history of criminal convictions or sex offender registration which may result in the limitation, suspension, or deactivation of the user account based on the results.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

Account Registration

Users are not required to create an account to access the platform, however in order to access the key features of requesting services or providing services, account registration is required. You can register an account using your existing Facebook account or through your personal email account. Agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username and/or profile picture is inappropriate, obscene, or otherwise objectionable. KADAMA is not liable for any unauthorized use of your account. You may be required to create a seller payment account (“Stripe Account”) with Stripe, Inc. (“Stripe”). In connection with creating an Account or a Stripe Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account and the Stripe Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow KADAMA to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as KADAMA may elect to do from time to time.

Note that account registration will allow users to be Tutors in addition to Students without needing to go through a separate registration process.


Payouts

Tutors must abide by the following payment policies in order to be eligible (NOT guaranteed) for payment protection. Payment protection will only be provided on a case by case basis with the discretion of KADAMA. Meeting the eligibility requirements only allows for the possibility of receiving payment protection.

Violations of any of these policies may result in the suspension or termination of the Tutor account on the Kadama platform:

a) You agree that before you proceed with helping the student, you will learn about their needs and agree on all the details like the price, duration, and requirements. Identify deadlines for assignments and schedule a lesson with the student from the messages page. These arrangements must be communicated on the Kadama platform.

b) You agree to keep all messaging exclusively within the platform to ensure a safe and secure experience. We also highly recommend conducting the tutoring session through Kadama’s video calling feature. If needed, we do allow the use of email only to send files, links for collaboration services like Google Drive, and video conferencing platforms like Zoom, as long as you return back to the app for communication and payment.

c) You agree to abide by all the conditions set out in the terms of use.

d) The Tutor ONLY accepts payment from the Kadama platform and does not collect or request payment directly from the student by cash, check, payment platforms (Venmo, Zelle, Cashapp, Apple Pay, etc.) or otherwise, for the lesson.

e) Once you are notified that payment was received, either through a banner or pop-up, you can begin the work.

Tap the $ icon on the top left of the messages page to request payment from the customer. While discussing payment, we suggest you mention that Kadama has a 100% money back guarantee if they are unsatisfied. This will make them much more comfortable proceeding with the lesson. To ensure you get paid, please choose a payment request option based on the type of student you are working with.


f) You agree to only charge for service if you can provide quality assistance or work and understand if there is clear indication elsewise, the payment may be refunded.

g) The Tutor agrees to a flat 15% transaction fee. This applies to all lessons provided and means 85% of the agreed-upon amount with the Student will be distributed to the Tutor.

h) The tutor is over 16 years old and is eligible to work in the United States.

By using the KADAMA Platform to accept Electronic Payments, you are entering into an agreement with Stripe subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). Notwithstanding anything to the contrary in the Stripe Services Agreement, you will not have the right to have Stripe, and will not request that Stripe, transfer any buyer data Stripe collects via the KADAMA Platform to an alternative payment processor. Except for the foregoing restriction that supersedes any rights you may have in the Stripe Services Agreement, the Stripe Services Agreement is separate from these Terms. KADAMA is not a party to the Stripe Services Agreement and will not be liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the KADAMA platform, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into the KADAMA Platform.

Payments

Students must abide by the following payment policies in order to be eligible for Kadama’s two-day moneyback guarantee. Violations of any of these policies may result in the suspension or termination of the Student account on the Kadama platform.

a) You agree to pay only on the Kadama platform: By using the Kadama platform, you agree to make all your payments to tutors on the Kadama platform. You agree NOT to use other payment platforms/methods such as Venmo, Cash app, Zelle, cash, debit card, check, bank transfer, apple pay, etc.

b) You agree to pay the tutor for the services that they provide. If you are not satisfied with the tutoring, you are still obligated to pay but you can reach out to KADAMA to take advantage of the two-day moneyback guarantee assuming you meet the eligibility requirements.

c) You agree to keep all messaging exclusively within the platform to ensure a safe and secure experience. We also highly recommend conducting the tutoring session through Kadama’s video calling feature. If needed, we do allow the use of email only to send files, links for collaboration services like Google Drive, and video conferencing platforms like Zoom, as long as you return back to the app for communication and payment.

When you initiate a payment through the KADAMA Payment Solution, the seller processes your Electronic Payment Method using Stripe’s payment processing service. KADAMA is not a party to purchase and sale transactions completed using the KADAMA Payment Solution, and disclaims any and all responsibility to facilitate such transactions, except to provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the seller.


Kadama Rewards

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE KADAMA REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE KADAMA REWARDS PROGRAM.


STUDENT REWARDS PROGRAM

Kadama Student Rewards is one way in which Kadama endeavors to reward and thank loyal customers for patronizing our business and getting tutoring through Kadama. Kadama Student Rewards members can redeem Kadama Student Rewards benefits ("Rewards") as they complete lessons.


How to Unlock Rewards

The Rewards that are available to you through Kadama Student Rewards are based on the number of Lessons that you complete. Every time you pay for a tutoring lesson on Kadama, that lesson gets counted towards your rewards progress with the following limits and conditions:

  • Only one lesson can be counted towards rewards in a single day
  • The payment amount for your tutoring lesson must be $10 USD or more. The $10 minimum amount cannot be paid using promo codes with the exception of the first time you pay for a lesson using a promo code
  • Kadama’s terms of service must be abided to its entirety such as paying and keeping all communication on-platform
  • Must have received a valid tutoring session. If Kadama deems that the tutoring lesson(s) that you have paid for was in-fact not related to tutoring or academic help or for any other reason Kadama sees fit, you will not be eligible to have those lesson(s) counted towards your rewards progress and can result in the suspension of your participation in the rewards program


Redeeming Rewards

The number of lessons you complete on Kadama can be redeemed for Kadama Rewards. Each prize has a number of lessons needed to unlock with a progress bar. Once you meet the lesson count requirement for a prize, you can click the “redeem” button which will prompt you to send a pre-filled email to Kadama. Kadama, upon ensuring all terms and conditions were met, will send you your digital gift through email or phone number. If the prize redeemed is a physical item, Kadama will request your shipping information and ship the item within 7-14 business days (no returning of items is accepted). Redeeming a prize does NOT reset your Lesson count, your lesson count will continue to accumulate as you continue getting more lessons and you can continue redeeming Rewards.


Returns

If you void a payment or were issued a refund, Kadama will deduct the lesson count that you earned for that payment.


Lesson Count Expiration

Unless otherwise noted, lessons are automatically added to your account within twenty-four (24) hours of your eligible payment and expire twenty-four (24) months after the calendar month in which such Lessons were earned.


TUTOR REWARDS PROGRAM

Kadama Tutor Rewards is one way in which Kadama endeavors to reward and thank loyal tutors for patronizing our business and providing their tutoring services through Kadama. Kadama Tutor Rewards members can earn special rewards when customers pay and rate you through Kadama. Each tier allows you to unlock badges on your profile, indicating that you are an active and trusted tutor. As you advance to higher tiers, you will be suggested to more students. It’s really easy to get started. After a student pays you through the app, they can leave you a rating from the past lessons page. In order for your reviews to count towards your rewards progress and to redeem rewards, you must abide by the following limits and conditions:

  • You must maintain 4.5+ stars and only receive payments using Kadama to be eligible for this program
  • Kadama’s terms of service must be abided to its entirety such as paying and keeping all communication on-platform.
  • You must have provided a valid tutoring session for each rating you receive to be valid. If Kadama deems that the tutoring lesson(s) that you have been rated for was in-fact not related to tutoring or academic help or for any other reason Kadama sees fit, you will not be eligible to unlock any tier and can result in the suspension of your participation in the rewards program


PERSONAL USE

Kadama Rewards is intended for personal use only. Commercial use is prohibited. Kadama Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in Kadama Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.


INTERPRETATION OF PROGRAM TERMS

All interpretations of these Program Terms will be at Kadama’s sole discretion and Kadama's decisions will be final.


ACCOUNT TERMINATION

Participation in the Program is a privilege granted to Program Members, and as such can be suspended, revoked, or terminated at any time by us for any reason. If your Program membership is terminated, all Points associated with your Program membership and any Program Benefits will be forfeited immediately upon termination. If your Program membership is terminated due to fraudulent activity or non-compliance with these Program Terms, in addition to forfeiting all Points and Program Benefits associated with your Program membership immediately, you cannot participate in or rejoin the Program.


PROGRAM CHANGES AND TERMINATION

We reserve the right to change or terminate the Program, or any part thereof, at any time without notice and without further obligations to Program Members, including, but not limited to modifications which: a) govern how Points are earned on and after the date of change; or b) change the value of rewards. No Points will be earned or redeemed after the effective date of termination. Any and all changes and/or amendments to these Program Terms will become binding upon all members immediately.


ARBITRATION

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

  • Eliminate your right to a trial by jury
  • Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings
  • You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Kadama Rewards program by electronic means, including posting such information and materials online at https://www.kadama.com


CHANGES TO TERMS

Kadama reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Kadama Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.Kadama.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Kadama Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in Kadama Rewards.


DISCLAIMER

The Program and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Program or its features. Kadama is not responsible for unauthorized use of Points. If your Kadama account is closed, you will lose all Points. Kadama may from time to time request information from you to confirm your identity before it will allow use of your Points. Kadama may delay your access to the Points until you comply with this information request. The Program and all the information accessible through it are provided for information purposes only on an "as is" and "as available" basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Program, the information, materials, content, availability, and products. All benefits and rewards made available under the Program, if any, are provided by Kadama and do not modify the contractual relationships among or between Program Members, the individuals and entities that use Kadama’s technology to offer goods or services, and Kadama, except as expressly set forth herein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

User Disputes

KADAMA is not obligated to intervene or help settle disputes between or among users. The KADAMA customer support team may be able to assist by advising both parties on how to resolve the dispute. If a user feels wronged by another user, they can use the “report” feature in the KADAMA platform to file a complaint against the user. In the situation that a customer requests a refund for a lesson, if we determine, in our sole discretion, that the tutor had provided bad quality, violated our guidelines, or any other reason that we deem applicable, we have the right to charge the stripe account balance of the tutor for the total or partial amount paid by the customer to the tutor for that respective lesson.

Account Suspension/Deactivation

KADAMA may at any time, suspend, deactivate, or limit the use of your account for any reason without any notice. Reasons for KADAMA taking these actions include; (1) Violation of the terms of service (2) inappropriate, lewd, and/or obscene conduct.

User Content Submissions

You acknowledge and agree that any pictures, ratings, reviews, messages, offer description or other information uploaded onto the platform grants a transferable, non-exclusive, perpetual, irrevocable, royalty-free, license with the right to sublicense, to use, distribute, copy, adapt, sell, publicly display, access, view, and more as a way to promote, advertise, market the KADAMA platform or for any other purpose with the exception of messages through the platform which will not be used by KADAMA for public advertising. You also hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Background Check

Tutors have the option to undergo a background check provided by Checkr®, an accredited third-party background check provider. Tutors who take a background check and are approved get a badge on their profile. This gives customers an increased sense of trust in doing business with them, increasing their success. If you choose to get verified, you will receive an email from Checkr®. Follow the steps they provide to complete your application (should take a few minutes). Generally, you will receive your results from Checkr® within 7-14 business days. Once we receive the results, if there are no convictions a badge will appear on your profile. If your results show convictions, you will not be eligible to receive a badge and we will follow up with you by email. KADAMA will only process background checks for Tutors that are 18 or older. KADAMA will issue no refund, regardless of the outcome of the background check.

Assumption of Risk

You acknowledge and agree that there are risks associated in using an online marketplace and interacting with other users in person. You are ultimately responsible for taking the necessary precautions when meeting a user of the KADAMA platform in person. While unlikely, the possibility of other users attempting to inflict harm or defraud you. Users are responsible for ensuring their own safety in both online, and offline interactions.


Prohibited Activities

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Platform, you agree not to:

  • Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Platform.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
  • Attempt to impersonate another user or person or use the username of another user.
  • Sell or otherwise transfer your profile.
  • Use any information obtained from the Platform in order to harass, abuse, or harm another person.
  • Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  • Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
  • Use the Platform in a manner inconsistent with any applicable laws or regulations.

Guidelines for Reviews

We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Social Media

As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Platform; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Platform via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Platform. You will have the ability to disable the connection between your account on the Platform and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Platform. You can deactivate the connection between the Platform and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.


Platform Management

We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform and the Marketplace Offerings.

Privacy Policy

We care about data privacy and security. By using the Platform or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Platform, which is incorporated into these Terms of Use. Please be advised the Platform and the Marketplace Offerings are hosted in the United States. If you access the Platform or the Marketplace Offerings from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Platform, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the required Platform and verifiable parental consent, we will delete that information from the Platform as quickly as is reasonably practical.

Terms and Termination

These Terms of Use shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform or the Marketplace Offerings.

We cannot guarantee the Platform and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or the Marketplace Offerings during any downtime or discontinuance of the Platform or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms of Use and your use of the Platform and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.

Dispute Resolution

You and KADAMA agree to inform each other in writing (30) of any small claims or arbitrable dispute within thirty days of the day it arises in order for both parties to attempt finding a resolution.


Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You and KADAMA agree that any dispute must be filed by you or KADAMA within one (1) year of the date the dispute arose, otherwise, the underlying claim of the dispute becomes unassertable (2) Any arbitration will occur in KING COUNTY WA (3) arbitration will be confidential and conducted by a single arbitrator in accordance with the rules of the judicial arbitration and mediation services (“Jams”) (4) the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Rules of Jams

You agree to be bound to the rules of jams (available at jamsadr.com) by acknowledging that you have read and understood the rules of jams or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in KING County, WA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Platform be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

Disclaimer  

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY WEBPLATFORMS LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEB PLATFORM, OR ANY WEB PLATFORM OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Platform; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; ( 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Intellectual Property Rights

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, web platform designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.

User Data

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

If you have questions or comments about the Terms of Use, please contact us at:

Kadama Inc.
support@kadama.com