Terms and Conditions

EFFECTIVE JANUARY 22, 2019

KAFENE WEBSITE TERMS AND CONDITIONS OF USE

THIS WEBSITE , WWW.KAFENE.COM, AND ITS AFFILIATED PAGES (COLLECTIVELY,THE “SITE”) IS MADE AVAILABLE BY KAFENE (“KAFENE”). PLEASE READ THESETERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOUAGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS OFUSE”). IF YOU DO NOT AGREE TO THE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THIS SITE.

1. Your Use as Assent
This Site is the property of Kafene. By using this Site, you agree to these Terms of Use;if you do not agree, do not use this Site. As long as you comply with these Terms of Use,Kafene grants you a personal, non-exclusive, non-transferable, limited privilege to enterand use the Site.

2.Modification and Your Continued Use as Assent to Modified Terms
The products, services, information, materials, graphics, arrangement, design, text,sound and other items contained on the Site (collectively, the “Content”) and theseTerms of Use are subject to change any time, without notice. Any dated information ispublished as of that date. Kafene has no obligation or responsibility to update or amendany such information. Kafene reserves the right to terminate any Content or the Site atany time, without prior notice. Kafene reserves the right to modify any of the Contentat any time, without notice. You agree to review the Content on the Site periodically toensure that you are aware of any modifications. If you continue to use the Site aftermodifications are effective, you agree to the Content as modified.

3.Site Content
Kafene does not promise that the site or any content, document, or feature of the sitewill be error-free or uninterrupted, that any defects will be corrected, or that your use ofthe site will provide specific results. The material in this site could include technicalinaccuracies or typographical errors. The site and its content are delivered on an “as-is”and “as-available” basis.The Site and all intellectual property pertaining to or contained in the Site is protectedby United States and international copyright and trademark laws and other applicableintellectual property laws. The Site, as well as any material made available fordownload, any content, files, code, documents, text, photographs, images, audio, andvideo, and any materials accessed through or made available for use or downloadthrough the Site (collectively, the “Content”) may not be copied, distributed, modified,reproduced, published or used, in whole or in part, except for purposes authorized orapproved, in writing, by Kafene. You are authorized solely to view and retain a copy ofthe pages of the Site for your own personal, non-commercial use. You agree that youwill not duplicate, publish, modify, create derivative works from, participate in thetransfer of, post on the World Wide Web, or in any way distribute or exploit the Site, orany portion of the Site for any public or commercial use without the express writtenconsent of Kafene.4.

USE OF THE SITE

The Site, and the products and services described on the Site, are intended for use byindividuals who are at least 18 years old. If you are under the age of 18, you should notbe visiting the Site. You may view the Content contained on the Site and print pagesfrom the Site only for informational, non-commercial purposes. Any unauthorized orillegal use of the Site or the Content is strictly prohibited. Kafene does not knowinglycollect personal information from any child under the age of eighteen (18) at this Site.You agree not to attempt to log on to the Site from any country under sanctions by theOffice of Foreign Asset Control (“OFAC”). Which countries are under sanctions may befound on the United States Department of the Treasury website. Any attempt to log onto the Site from such a country may result in your access being restricted or terminated.Your use of the Site may be monitored, tracked and recorded. By using the Site, youexpressly consent to such monitoring, tracking and recording. Your use of the Site ispersonal to you. You agree that you will not duplicate, reproduce, sell, resell, use orexploit the Content or the Site for any commercial purpose.You agree that you will not use any robot, spider, automatic, or manual device tomonitor or copy the Site or any Content. You will not interfere or use any device,software, or process to interfere (or attempt to interfere) with the proper working of theSite. You agree that when using the site you will not misrepresent your identity orimpersonate any other person.You represent and warrant that you have the legal right and ability to enter into theseTerms of Use and to use the Site in accordance with these Terms of Use. You understandand agree that your use of the Site is at your own discretion and at your own risk. Byusing the Site you understand and agree that Kafene disclaims any liability (whetherbased in contract, tort, negligence, strict liability, or otherwise) for any direct, indirect,incidental, consequential, compensatory, punitive or legal (whether under statute,regulation or at common law) damages that may arise out of your access or use of theSite or your reliance on the Content. This includes any liability that may be associatedwith any viruses that may infect your computer equipment.If Kafene provides you with a secure means of accessing a portion of the Site (such as aUser ID and Password) you agree that you are responsible for maintaining theconfidentiality of such log-in credentials. You agree that you will not share such log-incredentials. If you do, you understand that you are responsible for any acts taken bythe party to whom you provided the log-in credentials. You agree that you willimmediately notify Kafene of any unauthorized use of your log-in credentials or otherbreach of security known to you.

5.Digital Millennium Copyright Act
Kafene respects the intellectual property rights of others. All claims of copyrightinfringement should be brought to our attention by notifying our agent by providing thefollowing information: A physical or electronic signature of a person authorized to act on behalf of theowner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or ifmultiple copyrighted works at a single on-line site are covered by a singlenotification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subjectof infringing activity and that is to be removed or access to which is to bedisabled, and information reasonably sufficient to permit the service provider tolocate the material; Information reasonably sufficient to permit the service provider to contact thecomplaining party, such as an address, telephone number, and if available, anelectronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of thematerial in the manner complained of is not authorized by the copyright owner,its agent, or the law; and A statement that the information in the notification is accurate, and underpenalty of perjury, that the complaining party is authorized to act on behalf of theowner of an exclusive right that is allegedly infringed.Notices of the foregoing copyright issues should be sent as follows:By Mail: Kafene, Inc. 18 East 50th Street, 6th Floor NY NY 10022By E-Mail: [email protected] will take appropriate action following receipt of the above information includingremoval of any infringing material if necessary.

6.Site Security
You acknowledge and agree that Internet transmissions are never completely private orsecure and that any message or information you send to the Site may be read orintercepted by others, notwithstanding our efforts to protect such transmissions. Inaddition, as a condition of your use of this Site, you agree that you will not take anyaction for the purpose of compromising security (e.g., accessing data not intended foryou, invading another’s privacy, password guessing programs, using cracking tools ornetwork probing tools, or otherwise interfering with the Site or Services) is strictlyprohibited. If you become involved in any violation of system security, we reserve theright to release your details to system administrators at other sites in order to assistthem in resolving security incidents.

7.Links to Other Sites
Kafene may establish on this Site links and pointers to websites that are operated andmaintained by third parties (each, a “Third Party Site”). These links are provided solelyas pointers to information on topics that may be useful to you. However, theestablishment of any link to a Third-Party Site is not a recommendation or endorsementby Kafene of any products, services, information, goods, ideas or opinions that may befound on any Third-Party Site. Kafene makes no warranties, either express or implied, concerning the content of anyThird-Party Site, including the accuracy, completeness, reliability or suitability thereoffor any particular purpose. Kafene does not warrant that any Third-Party Site is freefrom any claims of copyright, trademark or other infringement. Kafene does notwarrant that any Third-Party Site is free from any viruses or other contamination.

You understand that Third Party Sites may have a privacy policy that is different fromthat of Kafene and that Third-Party Sites may provide less security than this Site. Thechoice to access a Third-Party Site, or to purchase or otherwise use any of the productsor services advertised or provided on a Third Party Site is yours, in your sole discretion.

8.Consent to Receive Direct Marketing Communications
By using this Site, you agree to receive direct marketing communications from Kafenevia email. If you do not wish to receive marketing email communications from us, youmay express your choice where indicated on the applicable email.

9.Potential for Disruptions in Service
You understand and agree that from time to time the Site may be unavailable, limiteddue to slow speed, or otherwise delayed. This may be caused by a wide variety ofreasons outside of the control of Kafene and despite of commercially reasonableprocesses and procedures implemented by Kafene to maintain the Site. You alsounderstand that, from time to time, the Site may be unavailable due to regular or othermaintenance.

10.Disclaimer of Warranties
Because of the possibility of human and mechanical error, as well as other factors,Kafene and its affiliates are not responsible for any errors or omissions from the contentmade available on the site. You acknowledge that neither Kafene, its affiliates nor anyof their respective employees, agents, third party content providers or licensors warrantthat the products, services or content on the site will be uninterrupted or errorfree. Allcontent is provided “as is” to the user of the site, without express or implied warrantiesof any kind including the warranties of merchantability, non-infringement of intellectualproperty, fitness for any particular purpose or freedom from computer virus is given inconjunction with the content.

11.Limitation of Liability
Except where prohibited by law, neither Kafene, nor its directors, officers, employees,agents, contractors, successors or assigns of each, shall be liable to you for any indirect,consequential, exemplary, incidental or punitive damages, including lost profits, even ifKafene has been advised of the possibility of such damages.Unless otherwise expresslyset forth in a written agreement with you, Kafene’s maximum liability for all claimsarising out of or relating to this site, or its content, whether in contract, tort or otherwiseshall be limited to the amount you paid to access this site.Some jurisdictions do notallow limitations of liability, so the foregoing limitation may not apply to you.

12.Indemnification
By using the Site, you agree to defend, indemnify, and hold harmless Kafene from andagainst any and all losses, claims, damages, costs and expenses (including reasonablelegal and accounting fees) that Kafene may become obligated to pay arising or resultingfrom your use of this Site, the Content, or your breach of these Terms of Use. Kafenereserves the right to assume or participate, at your expense, in the investigation,settlement, and defense of any such action or claim.

13.Severability and Waiver
In the event that any of the terms or provisions of this Terms of Use is held to beunenforceable, the remaining terms and provisions shall be unimpaired, and theunenforceable term or provision shall be modified or replaced with an enforceable termor provision that comes as close to the intention of the term or provision deemedunenforceable.Kafene does not waive any of its rights under these Terms of Use unless it is written andsigned by a duly authorized representative of Kafene. Any waiver of any breach of anyprovision of these Terms of Use shall not be construed as a waiver of any continuing orsucceeding breach of such provision or a modification of the provision.

14.Law, Jurisdiction, Venue, One Year to File a Claim
This Site is located in the State of New York. These Terms of Use and the relationshipbetween you and Kafene shall be governed by the laws of the State of New York withoutregard to its conflicts of law provisions. You agree to the personal jurisdiction by, andvenue in, the state and federal courts in New York, New York and you agree and consentthat such courts are the exclusive forum for litigation of any claim or cause of actionarising out of or relating to your use of this Site or the Content. You agree thatregardless of any statute or law to the contrary, any claim or cause of action arising outof or relating to your use of this Site or the Content must be filed within one year aftersuch claim or cause of action arose or be forever barred.

15.Termination
Kafene may terminate this Terms of Use or suspend or terminate your use of the Sitewithout notice, at any time. In the event we do so – we may notify you by email. Allprovisions of the Terms of Use which by their nature should survive termination shallservice termination, including, without limitation, all warranty disclaimers, limitations ofliability and dispute resolutions provisions.

16.Entire Agreement with Regard to Your Use of the Site, No ThirdParty BeneficiariesThese Terms of Use constitute the entire agreement between you and Kafene withregard to your use of the Site, and any and all other written or oral agreements orunderstandings previously existing between you and Kafene with respect to such useare hereby superseded and cancelled. This Agreement is between you and Kafene.There are no third-party beneficiaries.

Revised 9/26/19