Terms and Conditions

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 THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE 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 enter and 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 these Terms of Use are subject to change any time, without notice. Any dated information is published as of that date. Kafene has no obligation or responsibility to update or amend any such information. Kafene reserves the right to terminate any Content or the Site at any time, without prior notice. Kafene reserves the right to modify any of the Content at any time, without notice. You agree to review the Content on the Site periodically to ensure that you are aware of any modifications. If you continue to use the Site after modifications 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 site will be error-free or uninterrupted, that any defects will be corrected, or that your use of the site will provide specific results. The material in this site could include technical inaccuracies 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 protected by United States and international copyright and trademark laws and other applicable intellectual property laws. The Site, as well as any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by Kafene. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Kafene.

4. USE OF THE SITE

The Site, and the products and services described on the Site, are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not be visiting the Site. You may view the Content contained on the Site and print pages from the Site only for informational, non-commercial purposes. Any unauthorized or illegal use of the Site or the Content is strictly prohibited. Kafene does not knowingly collect 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 the Office of Foreign Asset Control (“OFAC”). Which countries are under sanctions may be found 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, you expressly consent to such monitoring, tracking and recording. Your use of the Site is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use or exploit the Content or the Site for any commercial purpose.You agree that you will not use any robot, spider, automatic, or manual device to monitor 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 or impersonate 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 understand and agree that your use of the Site is at your own discretion and at your own risk. By using the Site you understand and agree that Kafene disclaims any liability (whether based 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 associated with 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 the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials. You agree that you will immediately notify Kafene of any unauthorized use of your log-in credentials or other breach of security known to you.

You expressly authorize our service provider, Dwolla, Inc. to originate credit transfers to your financial institution account.  You authorize Kafene Inc to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.

5. Digital Millennium Copyright Act
Kafene respects the intellectual property rights of others. All claims of copyright infringement should be brought to our attention by notifying our agent by providing the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material 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 under penalty of perjury, that the complaining party is authorized to act on behalf of the owner 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 10022 By E-Mail: [email protected] will take appropriate action following receipt of the above information including removal of any infringing material if necessary.

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

7. Links to Other Sites
Kafene may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third-Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third-Party Site is not a recommendation or endorsement by Kafene of any products, services, information, goods, ideas or opinions that may be found on any Third-Party Site. Kafene makes no warranties, either express or implied, concerning the content of any Third-Party Site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. Kafene does not warrant that any Third-Party Site is free from any claims of copyright, trademark or other infringement. Kafene does not warrant 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 from that of Kafene and that Third-Party Sites may provide less security than this Site. The choice to access a Third-Party Site, or to purchase or otherwise use any of the products or 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 Kafene via email. If you do not wish to receive marketing email communications from us, you may 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, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Kafene and despite of commercially reasonable processes and procedures implemented by Kafene to maintain the Site. You also understand that, from time to time, the Site may be unavailable due to regular or other maintenance.

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 content made available on the site. You acknowledge that neither Kafene, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the products, services or content on the site will be uninterrupted or error-free. All content is provided “as is” to the user of the site, without express or implied warranties of any kind including the warranties of merchantability, non-infringement of intellectual property, fitness for any particular purpose or freedom from computer virus is given in conjunction 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 if Kafene has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, Kafene’s maximum liability for all claims arising out of or relating to this site, or its content, whether in contract, tort or otherwise shall be limited to the amount you paid to access this site. Some jurisdictions do not allow 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 and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Kafene may become obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of Use. Kafene reserves 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 be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable. Kafene does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of Kafene. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding 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 relationship between you and Kafene shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in New York, New York and you agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such 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 Site without notice, at any time. In the event we do so – we may notify you by email. All provisions of the Terms of Use which by their nature should survive termination shall service termination, including, without limitation, all warranty disclaimers, limitations of liability and dispute resolutions provisions.

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

Revised 6/30/21