Kasamba Member Terms and Conditions

Member Terms and Conditions

Effective date: March 9th, 2025

These Member Terms and Conditions (this “Agreement”) apply to all users (“you” or “Member”) who access and/or use the Kasamba Site and Services platform for online advice and services. The Application is licensed, not sold, to you, on the terms below. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

NOTICE OF CLASS ACTION WAIVER AND ARBITRATION PROVISION: PLEASE NOTE THAT THIS TERMS OF USE INCLUDES A CLASS ACTION WAIVER AND A MANDATORY ARBITRATION PROVISION. OTHER THAN CERTAIN EXCEPTIONS, ANY DISPUTE, ACTION, CLAIM, OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE MUTUAL ARBITRATION PROVISION BELOW.


What is Kasamba?

Kasamba provides a platform that allows members to locate an advisor to ask questions or request advice and/or services directly from such advisor. Kasamba, via the Site and Services, enables a member to communicate directly with the advisor and pay for the services purchased by the member from such advisor. 

Disclaimer - For Entertainment Purposes Only

You are solely responsible for verifying an Advisor’s identity, qualifications, credentials, biographics information, licenses held, and other information.  Kasamba is not responsible for any such verification. 

Member acknowledges and agrees that Advisors are neither employees nor agents nor representatives of Kasamba, and Kasamba assumes no responsibility for any act or omission of any such Advisor. 

Advisors are not employees or agents of Kasamba or any of its affiliates. All Advisors are independent contractors of Kasamba, and because they are independent contractors, Kasamba does not control the quality, relevancy, or accuracy of any advice provided by an Advisor and does not determine whether any Advisor is qualified to provide any specific advice, whether an Advisor is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on or transmissions through the Site and Services by a Member or an Advisor are accurate, correct, relevant, or appropriate.   

ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY ADVISOR IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. 

The advice or information provided by attorneys, doctors, and other Advisors in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting or a face-to-face physical examination.  Members should not rely on or make health, legal, financial, or other decisions based on advice provided by any Advisor.  Kasamba strongly recommends that a Member seeking medical or mental health advice see a qualified professional in person.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA.  IN THE UNITED STATES, PLEASE DIAL 911.

Acceptable Use

By accessing and/or using the Site and Services, you represent, warrant, and agree to the following:

 

Modification and Termination of Services

Kasamba may modify or discontinue, temporarily or permanently, any part of the Site and Services, with or without notice to Member without liability to Member or any third party.  Kasamba, in its sole discretion and for any reason, may terminate Member’s participation in the Site and Services and refuse any and all current or future use by Member of the Site and Services.

Fees and Payments

All interactions between you and an Advisor will be billed through the Site and Services.  You agree to abide by the pricing terms agreed upon with an Advisor while using the Site and Services and to pay to Kasamba all fees for services rendered to you by Advisors.

You may make payments by using the credit card, debit card, or PayPal account you have on file with Kasamba.  You expressly authorize payments for all fees for each transaction occurring under your account.  All amounts displayed on the Site and Services are in US dollars, and You will be charged in USD.  You will ensure that all credit card and payment information you provide is accurate, correct, and kept updated at all times, and that you are fully authorized to use such credit card and payment information.  You may be required to verify your account or payment method via phone or email. For your convenience, you may also deposit amounts to your available balance, a free feature for active accounts.  Fees will then be deducted from your available balance as incurred, either as services are rendered or promptly after a session with an Advisor ends.  For account balances that have not been added to or used for transactions for more than 12 months, Kasamba reserves the right to charge an administrative fee of up to US $5.00 (the “Account Maintenance Fee”) each month until the available account balance has been depleted. Such Account Maintenance Fee shall be deducted automatically from the available account balance.  No Account Maintenance Fees will be incurred if the account balance is US $0.00.  You may request a refund of your available account balance by clicking here and typing the word “refund” in the help search bar and filling out the necessary information. You will reimburse Kasamba for any expenses incurred by Kasamba to collect fees owed by you.  Kasamba reserves the right to charge interest on any past due amounts of 2% per month or the highest amount permitted by law (if lower).  If a payment method is invalid, and a Member incurs any past due amounts, Kasamba reserves the right to charge any payment methods previously provided by the Member for any past due amounts (including any taxes and late fees) until such amounts are paid in full.

Kasamba may, at its sole discretion, choose to refund a payment made by a Member in certain limited circumstances. You must submit any request for such a refund within seven (7) days of the end of the associated session with the Advisor. The refund process is described here.

Please note that Kasamba will use reasonable efforts to process payments after the end of each session and within seven (7) business days of each transaction; however, there may be delays due to credit card and debit card payment processes.  Charges incurred over a several day period may be consolidated and charged as a single charge.  If a credit card charge is declined, Kasamba may attempt to charge any or all other cards you have on file (in one charge or in partial charges if unable to charge the full amount) for the following 60-90 days.

Time charges are based on increments of a minute as measured on Kasamba’s servers.  Any use of a partial minute is rounded up to a full minute.  Kasamba’s billing system is not fault-free; therefore, Kasamba shall not be liable for any problems, miscalculations, or malfunctions in processing payments.  If you believe a mistake has occurred, please submit a ticket here.

Privacy

Log-in Credentials.  You are responsible for maintaining the confidentiality of your password, username, and any other security information related to your account.  You are fully responsible for all activities that occur under your account. 

Privacy Policy.  By accessing and/or using the Site and Services, you agree to the terms of Kasamba’s Privacy Policy at www.kasamba.com/lp/privacy-policy.

Permitted Disclosures.  Kasamba may disclose Member information, including, but not limited to, personal information, transcripts, surveys, and recordings, to a third party (including the appropriate authorities) if Kasamba or an Advisor reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate Kasamba’s liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect Kasamba’s rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payment of fees by Members), or (v) is necessary to deter illegal behavior (including, but not limited to, fraud), or (vi) is necessary because someone may be in danger.

Your Information.  You hereby grant Kasamba an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Site and Services.

Kasamba may retain your information for the purposes and timeframes as set out in Kasamba's Privacy Policy. Nevertheless, you acknowledge that Kasamba is not required to store information (including your transcripts, surveys, and recordings) indefinitely.

Third-Party Websites

The Site and Services, or a portion thereof, may also be made available via third-party websites.  If you have accessed the Site and Services, or any portion thereof, via a third-party website, such use may be subject to terms and conditions imposed by such third party.  Kasamba is not responsible for any terms, conditions, policies, acts, or omissions, of any such third parties.

Disclaimers

Kasamba is not responsible for reviewing, endorsing, recommending, verifying, evaluating, warranting, or guaranteeing the qualifications, expertise, claims, or background of any Advisor or any opinion, response, advise, prediction, recommendation, information, or other service provided by any Advisor.  Kasamba shall not be deemed the provider of any of the Advisor’s services or other information acquired through the Site and Services. 

MEMBER ACKNOWLEDGES AND AGREES THAT THE SITE AND SERVICES IS PROVIDED “AS IS” AND THEREFORE WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST KASAMBA, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, OR AGENTS WITH RESPECT TO THE SITE AND SERVICES.  USE OF THE SITE AND SERVICES IS AT THE MEMBER’S SOLE RISK.  TO THE FULLEST EXTENT ALLOWED BY LAW, KASAMBA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.

Kasamba does not assume, and will not be liable for: (1) the accuracy or availability of the Site and Services; or (2) any damages or injury arising from or related to the Site and Services and/or any opinion, response, advice, prediction, recommendation, information, and/or other service provided or not provided by any Advisor.  Kasamba does not guarantee that Kasamba’s service will be uninterrupted or that it will be timely, secure, or error-free.

Links and Advertisements

The Site and Services may contain links or other content (including advertisements on its own behalf or paid advertisements on behalf of third parties) related to web sites, products and/or services offered by third parties and Kasamba has no control over any such linked content or anything provided by any such third party. The Member acknowledges and agrees that Kasamba is not responsible for such third party links, content, web sites, products or services and will not be responsible or liable for anything related thereto and agrees that Kasamba will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with the use of or reliance on any such link, web site, content, product and/or service.

Intellectual Property

The Site and Services contain copyrighted material, trade secrets, trademarks, patents and other proprietary information owned by Kasamba (“Intellectual Property”), one of its affiliated companies, or its licensors. This Agreement does not grant to the Member any rights to any Intellectual Property appearing on the Site and Services or any services offered by Kasamba. The Member may not create any derivative or similar work or technology based upon any Intellectual Property of Kasamba, an affiliated company, or its licensors. Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Site and Services.

Kasamba, its affiliated companies or its suppliers are the sole owners of all Intellectual Property.  Except as otherwise expressly set forth or provided in this Agreement, Kasamba, its affiliated companies or its suppliers shall retain all ownership rights in and to all Intellectual Property and content displayed on the Site and Services, including copies of data transferred or received by Member through the Site and Services. This section shall survive expiration or termination of this Agreement.

Limitation of Liability

MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT KASAMBA, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) KASAMBA, ITS AFFILIATES AND THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) KASAMBA DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD KASAMBA HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE. This provision is further supplemented by Appendix A relating to Release of Liability.

Indemnification

Member shall defend, indemnify and hold Kasamba, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the "Indemnified Parties") harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Advisor; (c) any content Member submits, posts or transmits through the Site and Services or otherwise provided by Member; and (d) Member's use of the Site and Services. This section shall survive expiration or termination of this Agreement. This provision is further supplemented by Appendix A relating to Release of Liability.

Copyright Policy

Kasamba respects the intellectual property of others, and we ask our users to do the same.  Kasamba may terminate the account or access of users who infringe the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:

Kasamba’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Copyright Agent

Kasamba Inc. Legal Department

182 Howard St UNIT 826

San Francisco, CA 94105

By email: [email protected]



Mutual Arbitration Provision

1 Agreement to Arbitrate

Kasamba, Inc and you agree to enter into the arbitration agreement contained in this Arbitration Provision. This Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and evidences a transaction involving interstate commerce. This Arbitration Provision applies to any dispute arising out of or related to these Terms and Conditions, your relationship with Kasamba, Inc or one of its affiliates, successors, subsidiaries, assigns, or parent companies (together, "Kasamba, Inc"), the termination of that relationship, or any other aspect of your relationship with Kasamba, Inc or any Kasamba, Inc Affiliate, regardless of such dispute's date of accrual, and this Arbitration Provision continues in effect after and survives the termination of any relationship between the parties.

2 How this Arbitration Provision Applies

Except as otherwise stated below, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or a forum other than arbitration, and you and Kasamba, Inc agree that any legal dispute or controversy covered by this Arbitration Provision, or arising out of, relating to, or concerning the validity, enforceability or breach of this Arbitration Provision, shall be resolved by binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures ("JAMS Rules") then in effect, to be held (unless the parties agree in writing otherwise) within 45 miles of where you last provided Services under these Terms of Use. The JAMS Rules are available online, free of charge, at www.jamsadr.com, or by searching for "JAMS Streamlined Arbitration Rules" using a service such as www.google.com or www.yahoo.com. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. If the JAMS Rules are inconsistent with the terms of this Arbitration Provision, the terms of this Arbitration Provision shall govern.

By entering into this Arbitration Provision, you agree to arbitrate disputes with any entity or individual, and waive your right to have such disputes resolved by a trial by a jury or judge, arising out of or related to these Terms of Use, background checks, privacy, your relationship with Kasamba, Inc, the termination of that relationship, trade secrets, unfair competition, compensation, breaks and rest periods, retaliation, discrimination or harassment, defamation, slander and libel, claims arising under the Fair Credit Reporting Act, Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, California Labor Code, California Fair Employment and Housing Act, California Family Rights Act, Affordable Care Act, Genetic Information Non-Discrimination Act, city or state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to this relationship, including, but not limited to, claims that may be asserted for any post-relationship conduct or time periods, such as defamation or retaliation.

3 Limitations on how this Arbitration Provision Applies

This Arbitration Provision does not apply to a representative action brought on behalf of others under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code § 2698, et seq., to the extent that such an action can only be brought by the state or its representatives, where any resulting judgment is binding on the state, and where any alleged monetary penalties largely go to state coffers.

This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.

Either you or Kasamba, Inc may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief.

Regardless of any other terms of this Arbitration Provision, a claim may be brought before and remedies awarded by an administrative agency if applicable law permits the agency to prosecute or adjudicate the claim notwithstanding the existence of an agreement to arbitrate that is governed by the Federal Arbitration Act. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration.

This Arbitration Provision also does not apply to disputes between the parties that may not be subject to predispute arbitration agreement provided by an Act of Congress.

4 How Arbitration Proceedings are Conducted

In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. The statutes of limitations applicable to each claim or cause of action shall apply, and written notice of arbitration shall be initiated within the statute of limitations and other time limitations applicable to each claim or cause of action asserted. The Federal Rules of Evidence shall apply, except as modified by the arbitrator.

You and Kasamba, Inc agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective action basis ("Class Action Waiver"). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis, and shall not do so on a class or collective action basis. Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes regarding the enforceability, revocability, or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the dispute is filed as a class or collective action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. 

Except as otherwise provided in Section 3 of this Mutual Arbitration Provision, and to the extent permitted by law, (i) you and Kasamba, Inc agree not to bring a representative action on behalf of others in arbitration; and (ii) for any claim brought on a private attorney general basis (i.e., where you are seeking to pursue a claim on behalf of a government entity) both you and Kasamba, Inc agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have been personally aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) ("PAGA Waiver"). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, the validity of the PAGA Waiver may be resolved only by a court of competent jurisdiction and not by an arbitrator. If any provision of the PAGA Waiver is found to be unenforceable or unlawful for any reason, (i) the unenforceable provision shall be severed from this Arbitration Provision; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Provision or the parties' attempt to arbitrate any remaining claims on an individual basis pursuant to the Arbitration Provision; and (iii) any representative action brought under PAGA on behalf of others must be litigated in a civil court of competent jurisdiction and not in arbitration.

5 Paying for the Arbitration

You and Kasamba, Inc shall follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. Kasamba, Inc otherwise shall pay all costs and expenses unique to arbitration, including without limitation the arbitrator's and/or arbitration fees.

Each party will pay the fees for his, her, or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (e.g., a party prevails on a claim that provides for the award of reasonable attorneys' fees to the prevailing party).

6 The Arbitrator's Decision and Award.

The arbitrator must follow applicable law and may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The arbitrator's decision shall be final and binding upon the parties, must be in writing, and must contain the arbitrator's reasoning. Judgment may be entered on the arbitrator's decision in any court having jurisdiction.

7 Enforcement of this Arbitration Provision; Other Terms

Any party (including Kasamba, Inc Affiliates) to this Arbitration Provision may bring an action in a court of competent jurisdiction to compel arbitration under this Arbitration Provision, and to confirm, vacate, or enforce an arbitration award, with each party bearing its own attorneys' fees, costs and expenses in such court proceedings, subject to any remedies to which that party may later be entitled under applicable law. This Arbitration Provision replaces all prior agreements (if any) regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. Except as stated in Section 4 of this Mutual Arbitration Provision above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.

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By clicking "I accept", you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of these Terms of Use and Arbitration Provision, that you agree to be bound by the terms and conditions of the Terms of Use and Arbitration Provision, and that you are legally competent to enter into the Terms of Use and Arbitration Provision with Kasamba, Inc.


Appendix A

In addition to the general releases set forth under INDEMNIFICATION and LIMITATION OF LIABILITY, you further agree to waive any claims against Kasamba, Inc arising out of these Terms as supplemented below. In particular, You acknowledge and agree that:

In California:

You are releasing all rights under section 1542 of the California Civil Code, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

In Montana:

You are releasing all rights under Montana Code Annotated Section 28-1-1602, which provides:

A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor's settlement with the debtor.

In North Dakota:

You expressly waive any and all rights that you may have under any state or local statute, executive order, regulation, common law and/or public policy relating to unknown claims, including but not limited to North Dakota Century Code Section 9-13-02, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which if known by the creditor, must have materially affected the creditor's settlement with the debtor.

In South Dakota:

You expressly waive any and all rights that you may have under any state or local statute, executive order, regulation, common law and/or public policy relating to unknown claims, including but not limited to South Dakota Codified Laws Section 20-7-11, which provides:

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.


Miscellaneous

Kasamba may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Site and Services, by email to the email address that we have on record, by regular mail or by posting on the Site and Services. The date of receipt shall be deemed the date on which such notice is given. However, any changes to the dispute resolution provisions set out in the Mutual Arbitration Provision will not apply to any disputes for which the parties had actual notice before the date the change was posted on the Site and Services. Notices sent to Kasamba must be delivered via express delivery or regular mail to:

Kasamba Inc.

Attn: Legal Department

182 Howard St UNIT 826

San Francisco, CA 94105


You shall not assign your rights or obligations pursuant to this Agreement without the prior, written consent of Kasamba.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New York, New York. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Kasamba and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Kasamba with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law from entering into trade relations with the United States are not permitted to use or access the Site and Services.

No amendment to this Agreement will be effective unless made in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.