Acceptance of Terms
Welcome to the website of KAYSE (« Company, » « we, » « us, » or « our »). By accessing or using this website (the « Site »), you agree to be bound by these Terms of Use (the « Terms »). If you do not agree to these Terms, you must not access or use the Site. We reserve the right to modify these Terms at any time, and any such modifications will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of updated Terms constitutes your acceptance of such changes.
Description of Services
KAYSE provides alternative dispute resolution services, including but not limited to mediation, arbitration, and negotiation services (the « Services »). The information provided on this Site is for general informational purposes only and does not constitute legal advice. No attorney-client relationship or professional engagement is created by your use of the Site or by any communication made through the Site until a formal engagement agreement has been executed by both parties.
Eligibility
By using the Site, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Use of the Site
You agree to use the Site solely for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations. You agree not to:
(a) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
(b) attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site;
(c) use any robot, spider, scraper, or other automated means to access the Site for any purpose without our prior written consent;
(d) introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful;
(e) reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site without our express written permission.
Intellectual Property Rights
All content, features, and functionality on the Site – including but not limited to text, graphics, logos, trademarks, service marks, images, and software — are the exclusive property of KAYSE or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by KAYSE. Any unauthorized use of the materials on the Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
User Submissions
Any information, inquiries, or materials you submit through the Site, including through contact forms or email communications (collectively, « User Submissions »), will be treated as non-confidential unless a formal engagement agreement providing otherwise has been executed. You agree not to submit any information that is unlawful, defamatory, obscene, or otherwise objectionable. By submitting any User Submission, you grant KAYSE a non-exclusive, royalty-free, perpetual, and irrevocable right to use such submission solely for the purpose of responding to your inquiry and evaluating a potential engagement.
Privacy and Data Collection
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and protection of your personal information. We comply with applicable U.S. federal and state privacy laws, including the California Consumer Privacy Act (CCPA) where applicable. We do not sell your personal information to third parties.
Disclaimer of Warranties
The Site And All Content, Materials, And Services Provided On Or Through The Site Are Provided On An « as Is » And « as Available » Basis, Without Any Warranties Of Any Kind, Either Express Or Implied. To The Fullest Extent Permitted By Applicable Law, KAYSE Disclaims All Warranties, Express Or Implied, Including But Not Limited To Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title, And Non-Infringement. KAYSE Does Not Warrant That The Site Will Be Uninterrupted, Error-Free, Secure, Or Free Of Viruses Or Other Harmful Components. KAYSE Makes No Warranties Or Representations Regarding The Accuracy, Reliability, Or Completeness Of Any Content On The Site.
Limitation of Liability
To The Fullest Extent Permitted By Applicable Law, In No Event Shall KAYSE, Its Officers, Directors, Employees, Agents, Partners, Or Affiliates Be Liable For Any Indirect, Incidental, Special, Consequential, Or Punitive Damages, Including But Not Limited To Loss Of Profits, Data, Use, Goodwill, Or Other Intangible Losses, Arising Out Of Or In Connection With (a) Your Access To Or Use Of, Or Inability To Access Or Use, The Site; (b) Any Conduct Or Content Of Any Third Party On The Site; (c) Any Content Obtained From The Site; Or (d) Unauthorized Access, Use, Or Alteration Of Your Transmissions Or Content, Whether Based On Warranty, Contract, Tort (including Negligence), Or Any Other Legal Theory, Whether Or Not We Have Been Advised Of The Possibility Of Such Damages. In No Event Shall KAYSE’S Total Liability To You For All Claims Arising Out Of Or Relating To The Use Of The Site Exceed The Amount Of One Hundred U.s. Dollars ($100.00).
Indemnification
You agree to defend, indemnify, and hold harmless KAYSE, its officers, directors, employees, agents, partners, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from (a) your use of and access to the Site; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your User Submissions caused damage to a third party.
Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by KAYSE. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that KAYSE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
No Legal Advice
Nothing on this Site constitutes legal advice or creates an attorney-client relationship between you and KAYSE. The information provided on the Site is intended for general informational purposes only. You should not act or refrain from acting on the basis of any content on the Site without seeking appropriate professional counsel. Any communication sent through the Site does not create a professional relationship and should not include any confidential or sensitive information until a formal engagement has been established.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Site shall first be submitted to mediation administered by KAYSE or a mutually agreed-upon neutral third party. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in New York, New York. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Notwithstanding the foregoing, KAYSE reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be severed, and the remaining provisions of these Terms shall continue in full force and effect.
Waiver
The failure of KAYSE to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of KAYSE.
Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or agreements published by KAYSE on the Site, constitute the entire agreement between you and KAYSE regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
