Terms Of Use
KASHLESS, INC.
KASHLESS BETA TERMS OF USE
Last Updated: August 7, 2009
Welcome to the Web site of
Kashless, Inc., a Delaware corporation ("Kashless," "we," or "us"). Kashless provides various online services,
including its Web site, product and service listings, forums, and communication
services (collectively, the "Services") subject to these Terms of Use. Your use of any of our Services is subject to
these Terms of Use (these "Terms").
Additionally, your use of our Services is subject to any and all terms,
conditions, guidelines, and policies applicable to our Services that we may
make available, and update, from time to time in our discretion. By using the Services, you agree to be bound
by, and use the Services in compliance with, these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT
USE OUR SERVICES.
We may make changes to these
Terms from time to time. When we do, we will revise the "last updated"
date given above. It is your
responsibility to review these Terms frequently and to remain informed of any
changes to them. The then-current version of these Terms will supersede all earlier
versions. You agree that your
continued use of the Services after such changes have been published to the
Services shall constitute your acceptance of such revised Terms.
Beta Service Acknowledgment
The Services are presently made
available in a Beta test. You
acknowledge and agree that: (a) the Services have not been commercially
released by Kashless; (b) the Services may not operate properly, be in final
form or be fully functional; (c) the Services may contain errors, design flaws,
or other problems; (d) it may not be possible to make the Services fully
functional; (e) the information obtained using the Services may not be
accurate; (f) Kashless is under no obligation to release a commercial version
of the Services; and (h) Kashless has the right unilaterally to abandon
development of the Services, at any time and without any obligation or
liability to you.
License to Use the Services
Subject
to these Terms, we grant to you a limited, personal, non-exclusive,
non-transferable license to use the Services for your personal use and not for
resale or further distribution. Your right to use the Services is limited by
all terms and conditions set forth in these Terms.
Except for your pre-existing
rights and this license granted to you, we and our licensors retain all right,
title and interest in and to the Services, including all related intellectual
property rights. The Services are
protected by applicable intellectual property laws, including United States
copyright law and international treaties.
Except for those rights granted
expressly in these Terms, no other rights are granted, either express or
implied, to you under these Terms. Unless
stated explicitly in these Terms, nothing in these Terms will be construed as
conferring any license to intellectual property rights, whether by estoppel,
implication or otherwise.
Access
to the Services; Modifications to the Services
We do not provide you with the
equipment to access the Services. You
are responsible for all fees charged by third parties related to your access
and use of the Services (e.g., charges by internet service providers and
wireless providers).
We reserve the right to modify,
discontinue, limit, and restrict, temporarily or permanently, all or any
portion of the Services, and any of the Services' features or functionality,
without notice. We will not be liable to
you or to any third party for any modification, suspension, or discontinuance
of the Services or any portion of the Services.
We also reserve the right (but
do not assume the obligation), in our sole discretion, to reject, refuse to
post, or remove any material that you post or submit for posting, and to
restrict, suspend, or terminate your access to the Services at any time, for
any or no reason, with or without prior notice, and without liability.
Restrictions
You must comply with all
applicable laws when using the Services.
Except as may be expressly permitted by applicable law or as may be
authorized by Kashless in writing, you will not, and will not permit anyone
else to: (i) store, copy, modify, distribute, or resell any of the information;
audio, visual, and audiovisual works; or other content made available on the
Services (including, without limitation, any such information, works, and other
content that we may make available in RSS feeds or in other "push" methods )
(collectively, "Services Content") or compile or collect any Services Content
as part of a database or other work; (ii) use any automated tool (e.g., robots,
spiders, or automated posting scripts or robots) to use the Services or store,
copy, modify, distribute, gather, extract, or resell any Services Content;
(iii) rent, lease, or sublicense your access to the Services to another
person; (iv) use the Services or Services Content for any purpose except for
your own personal use; (v) circumvent or disable any digital rights management,
usage rules, or other security features of the Services; (vi) use the Services
in a manner that threatens the integrity, performance, or availability of the
Services; or (vii) remove, alter, or obscure any proprietary notices (including
copyright and trademark notices) on any portion of the Services or Services
Content. We provide a limited exception
to item (ii) above to general purpose Internet search engines and
non-commercial public archives that use such tools to gather information for
the sole purpose of displaying hyperlinks to the Services, provided that all
calls to our Services are from a stable IP address or range of IP addresses and
comply with our robots.txt file. For
purposes of the preceding sentence, a "general purpose Internet search engine"
does not include any Web site or service that is in the business of providing
listings for items, products, or services.
Privacy
Policy
We may collect registration and
other information about you through the Services. Our collection and use of this information is
governed by our Privacy Policy, available at http://kashless.org/home/privacy-policy/.
Linking
to the Services
You are permitted to link to
the home page of our Web site at kashless.org and, unless we indicate
otherwise, to deep link to internal pages of our Web site on which the Services
are provided. Notwithstanding the
foregoing, framing of the Services as part of any other Web site or service, or
any other manner of incorporating all or any portion of our Services or the
Services Content as part of another Web site or service, is not permitted
without our prior written consent.
Links and Third Party
Content
Our Services may contain links to third party
products, services, and Web sites. We
exercise no control over the third party Web sites, products, services,
information, and content. We and we are
not responsible for their performance, do not endorse them, and are not
responsible or liable for any content, advertising, or other materials
available through any third party Web sites or services. Your business dealings or correspondence
with, or participation in promotions of, any such third parties, and any terms,
conditions, warranties, or representations associated with such dealings, are
solely between you and such third party. We will not be responsible or liable,
directly or indirectly, for any damage or loss caused to you by your use of or
reliance on any goods, services, information, or content available on or
through any third party products, Web sites, or services.
If there is a dispute between users of our
Services, or between users of our Services and any third party, you understand
and agree that Kashless is under no obligation to become involved. In the event that you have a dispute with one
or more other users of our Services, you hereby release Kashless, its officers,
employees, agents, and successors from claims, demands, and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and / or our Services.
If you are a California resident, you waive
California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
Fees
and Kashless "Kash"
Our Services generally are provided for
free. We may, however, make available
from time to time features, functionality, or Services for which we charge fees
(including, without limitation, features, functionality, or Services that may
have been available for free previously).
If any of our Services, or any of our Services' features or
functionality, require the payment of fees for use, you will have an
opportunity to review and accept the applicable fees. Fees for our Services will be quoted in
United States dollars or in "Kash," our Services currency (described below).
All fees for our Services, and all purchases
of "Kash," are non-refundable and due immediately, and you are responsible for
paying all fees and amounts when due. If
you don't pay applicable fees, we may limit your ability to use the Services,
and may take other appropriate actions (including, without limitation,
terminating your account). If your
payment method fails or your account is past due, we may collect fees owed to
us using other collection mechanisms (including, without limitation, deducting
the amounts owed from your PayPal account or other payment method for any
amounts that are 180 days past due).
You acknowledge that the Services include a
component of virtual currency ("Kash" or "Currency" or
"K"). Kashless may distribute
Kash without charge, in its sole discretion, or may make it available for
purchase by registered users of the Services.
If you choose to purchase Kash, please be aware that it is
non-refundable. Each $1.00 of Kash costs
$1.00 United States dollars. Kash can
only be used for services provided by Kashless and/or its partners or
authorized vendors, or transferred to other Kashless registered users, all in
accordance with any terms, conditions, and restrictions that we may post from
time to time on our Services. We will
use commercially reasonable efforts and systems to track and account for Kash
balances in our accounts.
You are responsible for securing your Kash
account and agree to hold us harmless from and against any damages, including
complete loss of Kash from your Kash account, due to unauthorized access to
your account or any breach of security systems by Kashless, contractors,
subcontractors, vendors, you, or any third party. Kashless is not a bank and does not provide
interest, insurance, or any banking related services related to funds in Kash
accounts. Your use of Kash, and any
Services or account features relating to Kash, at your own risk.
Kash represents a limited license right, governed
solely under these Terms, and are not redeemable for any sum of money or
monetary value from Kashless at any time. You agree that Kashless has, and will retain,
the absolute right to manage, regulate, control, buy, sell, modify, and/or
eliminate Kash as it sees fit in its sole discretion, in any general or
specific case, and that Kash will have no liability to you or any third party based
on its exercise of such right.
Restricted Areas
of the Services
Certain areas of
the Services, including account management features, may be password-restricted
to registered users of the Services or other authorized persons
("Password-Protected Areas"). If you are
authorized to gain access to any Password-Protected Areas, you agree that you
are entirely responsible for maintaining the confidentiality of your password,
and agree to notify us if the password is lost, stolen, disclosed to an
unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible
for any and all activities that occur under your account, whether or not you
are the individual who undertakes such activities. You agree to immediately notify us of any
unauthorized use of your account or any other breach of security in relation to
your password or the Services that is known to you.
Submissions
Services users may
have the opportunity to post items that are available to other users, and other
information and content, to designated portions of the Services. Any opinions,
advice, statements, services, offers, or other information that constitutes
part of the content expressed, authored, or made available by third parties on
the Services, including but not limited to Submissions (defined below) that are
made available on the Services (collectively, "Third Party Content") are those
of the respective authors or producers and not of us or our shareholders,
directors, officers, employees, agents, or representatives.
We do not control
Third Party Content and do not guarantee the accuracy, integrity or quality of
such Third Party Content. You understand
that by using the Services, you may be exposed to content that is offensive,
indecent, or objectionable. Under no
circumstances will we or our shareholders, directors, officers, employees,
agents, or representatives be held liable for any loss or damage caused by your
reliance on any information available on or through the Services. It is your
responsibility to evaluate the information, opinion, advice, or other content
available on and through the Services.
Further, by posting
or providing any information, content, or material on or to the Services, or
otherwise transmitting any information to us for display on the Services,
including but not limited to item listings, forum posts, and other postings to
the Site (collectively, "Submissions"), you hereby irrevocably transfer and
assign to Kashless and agree to irrevocably assign and transfer to Kashless all
of your right, title, and interest in and to all of your Submissions, including
all worldwide patent rights (including patent applications and disclosures),
copyright rights, trade secret rights, and other intellectual property rights
(collectively, the "Intellectual Property Rights") therein. At Kashless's request and expense, you will
execute documents and take such further acts as Kashless may reasonably request
to assist Kashless in acquiring, perfecting and maintaining its Intellectual
Property Rights and other legal protections for your Submissions. You also
hereby grant us a perpetual, non-exclusive, fully paid, royalty-free,
irrevocable, fully sublicensable, worldwide license and right to display, use,
perform, reproduce, modify, distribute and create derivative works of the
Submission in any media, software, or technology of any kind now existing or
developed in the future, without any obligation to provide attribution or
compensation to you or any third party.
Third-Party Content Displayed, Imported, or
Extracted on Your Behalf
In addition to the licenses
and rights granted by you above, you acknowledge and agree that the Services
may, on your behalf, display/import/extract/represent information, materials,
and other content created or displayed by you, or transmitted by you to, any
third-party service for which you have granted our Services access. You hereby grant, and represent and warrant that
you have the right and authority to grant, to Kashless an irrevocable,
perpetual, non-exclusive, fully paid, fully sublicensable, worldwide license to
use, copy, perform, display, and distribute such information, materials, and
other content and to prepare derivative works of, or incorporate into other
works, such information, materials, and other content. Furthermore, by enabling access to such
information, materials, and other content on or through any public area of the
Service, or any third-party service, you hereby grant Kashless any and all
rights necessary to prohibit any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of such information, materials, and
other content on our Services by any person for any purpose.
BY POSTING OR
PROVIDING ANY SUBMISSION OR OTHER INFORMATION, OR PERMITTING US TO ACCESS ANY
THIRD-PARTY SERVICE ON YOUR BEHALF, YOU REPRESENT AND WARRANT THAT PUBLIC
POSTING AND USE BY US OF YOUR SUBMISSION, AND OUR DISPLAY, IMPORTATION, EXTRACTION,
AND REPRESENTATION OF ANY INFORMATION FROM ANY THIRD-PARTY SERVICE ON YOUR
BEHALF, WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.
Use
Policies
You are solely responsible for any content and other material that you
submit, publish, or display on the Services or transmit to other members and/or
other users of the Services.
You will not use
the Services to: (i) upload, post, email, or otherwise transmit any
Submission that is harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically, or otherwise objectionable, or which contains
instructions to commit, or encourages, any unlawful, illegal, or criminal
activity; (ii) harm us or third parties in any way; (iii) impersonate
any person or entity, or otherwise misrepresent your affiliation with a person
or entity; (iv) upload, post, email, or otherwise transmit any Submission
that you do not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); (v) upload, post, email
or otherwise transmit any Submission that infringes any patent, trademark,
trade secret, copyright, or other right of any party; (vi) upload, post,
email, or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other forms of solicitation; (vii) upload, post, email, or
otherwise transmit any material that contains software viruses or any other
computer code, files, or programs designed to interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications
equipment; (viii) interfere with, disrupt, or place un unreasonable burden
upon the Services or servers or networks connected to the Services, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Services; (ix) intentionally or unintentionally violate any applicable
local, state, national or international law or regulation; (x) "stalk" or
otherwise harass another; (xi) crawl, scrape, or otherwise monitor, with or
without automated tools, the Services, to collect or compile information from
the Services or for any other commercial purpose; (xii) collect or store
personal data about other users; or (xiii) upload, post, email, or
otherwise transmit any Submission that contains, advertises, or promotes any
unlawful or illegal content, items, or materials.
Prohibited Items
Many laws,
regulations, and policies, in a variety of jurisdictions, regulate the sale,
distribution, and promotion of goods and services. For the convenience of our users, we have
prepared a list of items that are not permitted to be listed or advertised on
Kashless. The Kashless Prohibited Items
list, as it may be updated from time to time, is available at http://kashless.org/home/prohibited/. You must not list, advertise, or promote any
items included on the Kashless Prohibited Items list.
The Prohibited
Items list is intended to reflect many of the types of items that may be
regulated, prohibited, or restricted under applicable laws or regulations. It is not, however, legal advice, nor is it
necessarily inclusive of all items for which the listing, promotion, sale, or
distribution may be restricted, limited, or prohibited by applicable laws or
regulations.
Interactions and
Transactions with Other Users
The
Services contain features that allow Kashless users to interact with each other
in various manners. Users who interact with each other, whether on
or off of Kashless, are solely responsible for any and all transactions and
other interactions with each other, including, without limitation, arranging
for any applicable payments and the exchange of goods and services (if
applicable), as well as for the performance and results of any transaction,
interaction, or relationship entered into through or in connection with the
Services. You acknowledge and agree that
Kashless is not responsible or liable for any action or inaction of Kashless
users in connection with any such transactions or other interactions for any
failure to perform, to pay any amounts due, to deliver any goods or services,
or for any other aspect of such transactions or other interactions.
Mobile Services
The
Services may include certain services and features that are available via your
mobile phone or other mobile device, including the ability to receive Kashless
messages (hereinafter, the "Mobile Services"). We may charge for
Mobile Services. In addition, your carrier's normal messaging, data, and other
rates and fees will apply. You should check with your carrier to find out what
plans are available and how much they cost. In addition, downloading, installing,
or using certain Mobile Services may be prohibited or restricted by your
carrier, and not all Mobile Services may work with all carriers or devices.
Therefore, you should check with your carrier to find out if the Mobile
Services are available for your mobile devices, and what restrictions, if any,
may be applicable to your use of such Mobile Services. By using the Mobile
Services, you agree that we may communicate with you (including, without
limitation, by way of third-party messaging services) regarding Kashless and
other entities by SMS, MMS, text messages, or other electronic means to your
mobile device, and that certain information about your usage of the Mobile
Services may be communicated to us. In the event you change or deactivate your
mobile telephone number, you agree to promptly update your Kashless account
information to ensure that your Kashless-related messages are not sent to the
person who acquires your old number.
Sharing Services
Our
Services may include services and features whereby users can share with others,
or post to their profiles or other portions of the Services, videos, articles, and
other Services Content, and links to information, content, materials, and
software applications (collectively, "Content") on third-party sites and
services (such features, "Sharing Services"). You acknowledge and agree that your use of the
Sharing Services and all links, Services Content, and other Content that you
share through the Sharing Services are subject to, and must comply fully with,
these Terms.
Copyright Infringement
We
respect the intellectual property rights of others, and ask you to do the
same. Our policy is to terminate the
access privileges of those who repeatedly infringe the copyright rights of
others. If you believe that your work
has been posted on any of our Services in a way that constitutes copyright
infringement, please contact us at the address below and provide the following
information: (i) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; (ii) a description of
the copyrighted work that you claim has been infringed, and identification of
the URL or other specific location on the Services where the material that you
claim is infringing is located; (iii) your address, telephone number, and email
address; (iv) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
and (v) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our designated agent for
notice of copyright infringement can be reached at abuse@kashless.org, or by
sending postal mail to the following address
Copyright Agent
Kashless, Inc.
106 West Roy Street
Seattle, WA
98119
Trademarks
"Kashless,"
"Kashless.org," and the Kashless logo are trademarks of Kashless. Any other product or service names, slogans,
or logos displayed on the Services are the property of their respective
holders. "Kashless," "Kashless.org," the
Kashless logo, and any other product or service names, slogans, or logos
displayed on the Services, may not be copied, imitated or used, in whole or in
part, without the prior written permission of Kashless or the applicable
trademark holder. You may not use any
metatags or any other "hidden text" utilizing "Kashless," "Kashless.org," or
any other name, trademark or product or service name of Kashless without our
prior written permission. In addition,
the look and feel of the Services, including all page headers, custom graphics,
button icons and scripts, is the service mark, trademark, and/or trade dress of
Kashless and may not be copied, imitated, or used, in whole or in part, without
our prior written permission. All other
trademarks, registered trademarks, product names and company names or logos
mentioned in the Services are the property of their respective owners. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply endorsement, sponsorship,
or recommendation thereof by us.
Feedback
We
may provide you with means to provide feedback, suggestions, and ideas, if you
choose, about the Services ("Feedback").
You agree that we may, in our sole discretion, use the Feedback you
provide to us (including, without limitation, any Feedback contained in a
Submission) in any way, including in future modifications to the Services.
Further,
by providing us with any Feedback, you hereby irrevocably transfer and assign
to Kashless and agree to irrevocably assign and transfer to Kashless all of
your right, title, and interest in and to all of your Feedback, including all Intellectual
Property Rights therein. At Kashless's
request and expense, you will execute documents and take such further acts as
Kashless may reasonably request to assist Kashless in acquiring, perfecting and
maintaining its Intellectual Property Rights and other legal protections for
your Feedback.
Additionally,
you hereby grant to us and our assigns a perpetual, worldwide, fully
transferable, sublicensable, irrevocable, royalty free license to use,
reproduce, modify, create derivative works from, distribute, and display any
and all such Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now
existing or developed in the future, without any obligation to provide
attribution or compensation to you or any third party.
Disclaimer of Warranties
YOUR
USE OF THE SERVICES AND SERVICES CONTENT, AND YOUR INTERACTIONS WITH AND
DEALING WITH OTHER USERS OF OUR SERVICES, IS AT YOUR SOLE RISK. THE SERVICES AND SERVICES CONTENT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS,
TIMELINESS, OR USEFULNESS OF THE SERVICES
AND SERVICES CONTENT, AND YOU RELY ON THE SERVICES AND SERVICES CONTENT AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY WARRANTIES FOR
OTHER GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR
ACCESSED THROUGH OR IN CONNECTION WITH OUR SERVICES. ANY
INFORMATION, ITEMS, OR OTHER MATERIALS USED OR OBTAINED IN CONNECTION WITH YOUR
USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT YOU OR THIRD PARTIES MAY SUFFER
IN CONNECTION WITH YOUR USE OF THE SERVICES AND ANY INFORMATION, ITEMS, OR
OTHER MATERIALS USED OR OBTAINED IN CONNECTION WITH YOUR USE OF THE
SERVICES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE
SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME
STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS
THAT VARY FROM STATE TO STATE.
Limitation of Liability
WE
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE
OF THE SERVICES AND SERVICES CONTENT.
ALL LIMITATIONS HEREIN ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF THIRD-PARTY GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE SERVICES OR ACCESSED THROUGH OR IN CONNECTION WITH THE
SERVICES. UNDER NO CIRCUMSTANCES WILL
OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE
SERVICES OR SERVICES CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS
OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON
CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO
US FOR YOUR USE OF THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You
will indemnify and hold us, our suppliers and licensors, and our respective
subsidiaries, affiliates, officers, agents, employees, representatives, and
assigns harmless from any costs, damages, expenses, and liability caused by
your use of the Services or Services Content, your violation of these Terms, or
your violation of any rights of a third party through use of the Services or
Services Content.
Legal Notices
Enforcement
of these Terms, and any action arising out of or relating these terms, will be
governed by the laws of the State of
Washington, excluding its conflict and
choice of law principles. The exclusive
jurisdiction and venue for any claims arising out of or related to these Terms
or your use of the Services will lie in the State and Federal courts located in
King County, within the State
of Washington, and you irrevocably
agree to submit to the jurisdiction of such courts. In the event that a court of competent
jurisdiction finds any provision of these Terms to be illegal, invalid, or
unenforceable, the remaining provisions will remain in full force and
effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to these Terms or to your use of the Services must be filed within one
year after such claim or cause of action arose or be barred forever.
No Waiver; Damages
Our
failure to enforce any right or provision in these Terms will not constitute a
waiver of such right or provision unless acknowledged and agreed to by us in
writing. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.
You
agree to pay our actual damages, to the extent such actual damages can be
reasonably calculated. Notwithstanding any other provision of these Terms,
Kashless retains the right to seek the remedy of specific performance of any
term contained in these Terms, or a preliminary or permanent injunction against
the breach of any such term or in aid of the exercise of any power granted in
these Terms, or any combination thereof.
Contacting Us
If you have any questions or concerns about the
Services or these Terms, you may contact us at info@kashless.org or at or at
Kashless, Inc., Attn: Terms of Use, 106 West Roy St., Seattle, WA 98119