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").
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.
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
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.
"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
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.
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.
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.
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.
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
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.