WEBSITE TERMS AND CONDITIONS

This website and the services offered herein (collectively, the "Site") are owned and controlled by Kaiku Finance, LLC and its related, affiliated, or subsidiary companies (together, "Kaiku", "us", or "we").

Your use of this Site is subject to your compliance with these terms and conditions of use ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY. Your continued use of the Site will indicate you agree to be bound by these terms and conditions set forth below. If you do not agree to be bound by the terms and conditions, promptly exit the Site.

Kaiku reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Kaiku grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Accounts and Passwords

In order to access certain services on the Site, you will need to register and create an account ("Master Account"). Registration for a Master Account is restricted to individuals over the age of 18 ("Master User"). By registering with us, you agree: (1) to provide accurate, current and complete information; and (2) to promptly update such information that you provide to use.

Upon proper registration, a Master User may establish multiple sub- accounts, which may be used by individuals under the age of 18 ("Sub Accounts"). By establishing a Sub Account, the Master User acknowledges and agrees that he/she accepts these Terms of Use on behalf of any individual accessing this Site via a Sub Account.

You are responsible for maintaining the strict confidentiality of all account passwords, and you are responsible for all activity under the Master Account and all Sub Accounts. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security for the Master Account or any Sub Account, and (b) ensure that you exit from your Master Account or any Sub Account at the end of each session. It is your sole responsibility to control the dissemination and use of your password and control access to and use of your Master Account and any Sub Account.

We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

Restrictions on Use

As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Kaiku customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Kaiku network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

Restriction, Suspension and Termination

We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms of Use at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms of Use. We may also remove the Site as a whole or any sections or features of the Site at any time.

Rights

All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) of the Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms of Use and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

User Content

You understand that all information that you upload, download, post, email, transmit through the Site ("User Content"), is your sole responsibility. This means that you, and not Kaiku, are entirely responsible for all User Content that you upload, download, post, email, or transmit. Kaiku is not responsible for, nor does it control, endorse, or guarantee the accuracy, integrity or quality of, User Content posted via the Site. Kaiku does not monitor every posting of User Content. Notwithstanding, you understand and agree that Kaiku reserves the right to review, delete, or edit any User Content that, in the judgment of Kaiku, violates these Terms of Use, that may be deemed harmful, offensive or threaten the safety of others. Specifically, you are prohibited from posting User Content that: (i) promotes hatred, harassment, or the physical harm of any kind against any group or individual, (ii) contains information that is abusive, threatening, obscene, defamatory or libelous, or (iii) violates another person's copyright, trademark or other intellectual property right. It is the policy of Kaiku to terminate your posting privileges if you repeatedly infringe upon the copyrights of others upon prompt notification to Kaiku by the copyright owner or the copyright owner's agent.

You understand that by using this Site, you may be exposed to User Content that is offensive, indecent or objectionable and you may be exposing others to User Content that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that you may not rely on any User Content submitted through the Site.

By posting information on the Site, you represent and warrant that: (i) you own or are an authorized licensee with respect to the User Content posted by you on the Site, (ii) your submission does not violate the privacy rights, publicity rights, copyright rights, trademark rights, or any other rights of any person, and (iii) the posting of your User Content on the Site does not result in a breach of any contract between you and a third party. Further, by posting User Content, you hereby grant Kaiku, its affiliates and successors and assigns, a royalty free, nonexclusive, perpetual, unrestricted license to publish, transmit, perform, display, modify and otherwise use such User Content for any purpose.

Trademark Notice

"Kaiku", "Kaiku Finance", "Kaiku Money", "Kaiku Cards" and other marks are the logos, trademarks, and service marks of Kaiku unless otherwise noted and may not be copied, used, linked, disseminated, etc. without Kaiku's prior express written approval. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Kaiku.

All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners and may not be used without their express permission

Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

KAIKU MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR DATA PRODUCED OR DISPLAYED IN CONNECTION WITH THE USE OF THE SITE. ADDITIONALLY, KAIKU DOES NOT GUARANTEE THE CONTINUED, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE. KAIKU IS NOT LIABLE FOR ANY LOSS OR DAMAGES OF ANY TYPE CAUSED BY SUCH DISRUPTION OR INTERRUPTION. THE MASTER USER ASSUMES ANY AND ALL RISK ASSOCIATED WITH THE ACCESS AND USE OF THE SITE AND INFORMATION UPLOADED OR TRANSMITTED TO THE SITE.

Liability

USE OF THE SITE IS AT YOUR OWN RISK. YOU ACKNLOWLEDGE AND AGREE THAT NEITHER KAIKU, ITS AFFILIATES OR ITS SPONSORS ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE EVEN IF KAIKU HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE- RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Privacy and Security

Kaiku is committed to protecting your privacy. However, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding Kaiku's efforts to protect such transmissions.

Please review our Privacy Notice, which also governs your use of the Site to understand our practices.

Electronic Communications

When you register through the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Links to Our Site

You acknowledge and agree that we have no responsibility for the information provided by websites to which you may link from the Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to the Site or its pages without our prior written consent.

Indemnification

You agree to indemnify, defend and hold harmless Kaiku, its affiliates, its and their directors, officers, employees, agents, investors, or licensors, and any third party information providers to the Site from and against all damages, expenses, loss and costs, including reasonable legal and accounting fees, resulting from any violation of the Terms of Use by you or users under your accounts. You will also indemnify against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

Beneficiaries

The provisions of these Terms and Conditions of Use are for the benefit of Kaiku, its affiliates, its and their directors, officers, employees, agents, investors, or licensors, and any third party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees.

Additional Terms

In addition to these Terms of Use, there may be additional terms and conditions associated with a particular service, including your Cardholder Agreement ("Service Terms"). In the event of a conflict between these Terms of Use and Service Terms, the Service Terms shall prevail as to that specific service.

Entire Agreement

These Terms and Conditions together with any applicable Service Terms constitute the entire agreement between Kaiku and you pertaining to the subject matter of the Site and any and all other written or oral agreements or understandings previously existing between you and Kaiku with respect to such use are hereby superseded and cancelled.

Severability and Non-Waiver of Rights

Any failure by Kaiku to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect to the fullest extent permitted by law.

No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to Kaiku Finance, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

Version 2.0 dated August 2013