Terms of Use
This Terms of Use (this “Agreement”) is a contract between you (“You” or “User”) and Kofunds LLC, a Limited Liability Company registered in the State of New York (hereinafter “Kofunds”, “We”, or “Us”). You must read, agree to, and accept all of the terms contained in this Agreement in order to use the website with top level domain ‘kofunds.com’ (the “Site”).
We reserve the right to change the terms of this Agreement at any time without notice to you by updating this Site to incorporate the new terms. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Agreement.
YOU UNDERSTAND THAT BY USING THIS SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT TAKES EFFECT ONCE THIS SITE IS ACCESSED BY YOU. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THIS SITE. IF YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL ALSO REFER AND APPLY TO THAT ENTITY OR AGENCY.
1. ACCESS TO THIS SITE
1.1 Kofunds gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use this Site, subject to this Agreement. This licence is for the sole purpose of enabling you to use and enjoy the benefit of this Site as provided by Kofunds, in the manner permitted by the terms of this Agreement.
1.2 We reserve the right to:
1.3 You agree that you are responsible for:
2. ACCEPTABLE USE POLICY
2.1 You shall not use our Site for any unlawful purposes, including but not limited to, use in any way that:
2.2 When contributing, linking or adding content to the Site, you must ensure that:
2.3 You must not contribute, link to or add any content to the Site, in any manner whatsoever, that in the opinion of Kofunds:
3. USAGE OF OUR SITE
3.1 You must, under all circumstances, comply with all your duties and obligations under this Agreement, in particular, when making use of a feature that allows you to add or contribute material to our Site.
3.2 You accept and acknowledge that:
3.3 You accept and understand that our Site may contain links to third-party websites or apps, advertisers, services, special offers, or other events or activities that are not owned or controlled by Kofunds. We do not endorse or assume any responsibility for any such third-party sites, apps, information, materials, products, or services. If you access any third-party website, app, service, or content via our Site, you do so at your own risk and you agree that Kofunds will have no liability.
4. SUSPENSION AND TERMINATION
4.1 You agree that the failure to comply with any duties or obligations under Section 2 constitutes a material breach of this Agreement.
4.2 You agree that if, in our opinion, you are in breach of any of the terms of this Agreement, we reserve the right to take, or authorize any other person take on our behalf, any and all remedial actions, including but not limited to the following:
5. OUR CONTENT AND RELATED RIGHTS
5.1 You agree that all rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to content on our Site (excluding content provided or added by you or other users of the Site), including but not limited to, all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents on the Site, and the underlying code and software in the Site (“Our Content”) are and will remain the exclusive property of Kofunds and any applicable licensors. All such rights to Our Content are reserved.
5.2 You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license or rent any part of Our Content unless we provide you with our prior express written consent to do so.
6. OUR RELATIONSHIP WITH YOU
6.1 Nothing in this Agreement shall be deemed to constitute a partnership, agency or employment relationship, as a matter of fact, between you and Kofunds.
7. DISCLAIMERS
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
7.1 YOU ACCEPT AND UNDERSTAND THAT KOFUNDS AND ITS AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED RELATING TO, BUT NOT LIMITED TO, THE FOLLOWING:
8. OUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
8.1 YOU ACCEPT AND UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOFUNDS AND ANY SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES OR CONTRACTS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS OF ANTICIPATED SAVINGS, WASTED MANAGEMENT OR OFFICE TIME OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO:
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
8.2 NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SITE, SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU, IF ANY, TO ACCESS OUR SITE.
9. YOUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
9.1 YOU ARE RESPONSIBLE, AND ASSUME ALL LIABILITY, FOR ALL CONTENT THAT YOU LINK TO, CONTRIBUTE OR ADD TO THE SITE.
9.2 YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY REPRESENTATIONS OR CONTRIBUTIONS MADE BY OTHER USERS OR THIRD PARTIES.
9.3 IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER USER OR THIRD PARTY, YOU SHALL RELEASE US, OUR AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH SAID DISPUTE.
9.4 YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
10. YOUR DATA AND INFORMATION
10.1 You understand that we process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
10.2 You agree that by using or accessing this Site, you permit Kofunds to allow certain third-party service providers to access your information, including but not limited to, personally identifiable information, for the sole purpose of enabling the proper functioning of the Site.
10.3 By using the Site, you consent to the storage of your personally identifiable information on servers that may, for a period, be outside the United States.
11. GOVERNING LAW AND JURISDICTION
11.1 You agree that the courts of the State of New York shall have exclusive jurisdiction over any claim or dispute arising from, or related to this Agreement.
11.2 You further agree that this Agreement is governed by the laws of the State of New York and US Federal Law.
12. SEVERABILITY
12.1 You agree that if any clauses in these Terms of Use are found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and in such event, such provision shall be changed and/or interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
13. ENTIRE AGREEMENT
13.1 You accept and understand that these Terms of Use (inclusive of any other Policies or Agreements referenced or incorporated herein) are the entire and exclusive agreement between Kofunds and You regarding your use of the Site. These Terms supersede and replace any prior agreements between Kofunds and You regarding the Site.
13.2 You acknowledge that you have not, in agreeing to these Terms of Use, relied on any representation, warranty or undertaking not expressly incorporated herein.
14. DISPUTE RESOLUTION
14.1 If you have any issues, wish to make a complaint or have a dispute relating to this Agreement, we strongly encourage you to first contact us directly to seek a resolution. Kofunds reserves the right to determine at its sole discretion the means, methods and processes by which issues will be resolved, with the goal of a satisfactory resolution for all parties.
15. REVISIONS AND INTERPRETATION OF THESE TERMS
15.1 You accept and understand that we may revise these Terms from time to time. The most current version will always be available on the Site. If, in our opinion, the revision is material, we will notify you of the material revision via an e-mail to the email you submitted on the Site.
15.2 You agree to be bound by any revised version of our Terms of Use, with or without formal notification, once published on the Site, from the date of such publication, by continuing to access our Site after any such revision has been published on the website. We strongly encourage you to review the Terms of Use published on our Site from time to time.
15.3 You agree that, if this Agreement is translated into another language, the English version of the Agreement shall govern in the event of any conflict or ambiguity arising from the translation.
If you have questions regarding this Agreement, you can reach us here.
We reserve the right to change the terms of this Agreement at any time without notice to you by updating this Site to incorporate the new terms. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Agreement.
YOU UNDERSTAND THAT BY USING THIS SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT TAKES EFFECT ONCE THIS SITE IS ACCESSED BY YOU. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THIS SITE. IF YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL ALSO REFER AND APPLY TO THAT ENTITY OR AGENCY.
1. ACCESS TO THIS SITE
1.1 Kofunds gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use this Site, subject to this Agreement. This licence is for the sole purpose of enabling you to use and enjoy the benefit of this Site as provided by Kofunds, in the manner permitted by the terms of this Agreement.
1.2 We reserve the right to:
- Withdraw access to this Site without notice. You agree that access to this Site is permitted on a temporary basis and that we will not be liable for any consequential damage or loss if, for any reason, this Site is unavailable at any time or for any period;
- Temporarily restrict your access to parts of this Site, or the entire Site if, in our opinion, such a restriction is necessary under the circumstances.
1.3 You agree that you are responsible for:
- Making all necessary arrangements that will enable you to have access to our Site;
- Ensuring that all persons who access our Site through a device or network that you own or control comply with these Terms of Use.
- Keeping your confidential information safe. Under no circumstances shall Kofunds be liable for any loss or damage pursuant to Section 8, resulting from your failure to prevent others from accessing confidential information under your control.
2. ACCEPTABLE USE POLICY
2.1 You shall not use our Site for any unlawful purposes, including but not limited to, use in any way that:
- Breaches any applicable local, national or international laws or regulations;
- Is fraudulent, or has any fraudulent purpose or effect;
- Is intended to harm or attempts to harm minors in any manner whatsoever;
- Interferes with, damages or disrupts any part of our Site, any equipment or network on which our Site is stored, or any software used in the provision of our Site,
- Results, directly or indirectly, in the sending of any unsolicited or unauthorised advertising or promotional material; or
- Results in the transmission of any material that you are aware contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2 When contributing, linking or adding content to the Site, you must ensure that:
- All facts, statements and representations contributed are accurate;
- The sources of all facts, statements and representations contributed are verifiable and reliable;
- All opinions and reviews you contribute are based upon genuine information and belief;
- All materials contributed comply with any applicable law in the United States or any other relevant jurisdiction;
- You have secured any necessary permission from any relevant third parties prior to doing so.
2.3 You must not contribute, link to or add any content to the Site, in any manner whatsoever, that in the opinion of Kofunds:
- Contains any material which is defamatory of any person, obscene, offensive, hateful, sexually explicit or inflammatory;
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Amounts to hate speech;
- Advocates the destruction of or violence towards any nation, culture, race, religion, demographic or ethnic group;
- Promotes violence or sexual exploitation towards minors;
- Could potentially infringe any intellectual property right of another person, including but not limited to, copyright, patents, trade secrets, database rights or trademarks;
- Is intended or likely to deceive or defraud any person;
- Promotes any illegal activity, including but not limited to credit fraud;
- Results in a breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Is threatening, abusive, invades another's privacy, or is likely to cause annoyance, alarm, inconvenience or needless anxiety;
- Is intended to impersonate another person, or misrepresent an identity, affiliation or source of information;
- Advocates, promotes or assists in any unlawful act.
3. USAGE OF OUR SITE
3.1 You must, under all circumstances, comply with all your duties and obligations under this Agreement, in particular, when making use of a feature that allows you to add or contribute material to our Site.
3.2 You accept and acknowledge that:
- The act of uploading, linking to, contributing or adding any material to our Site amounts to a waiver of confidentiality over any such material;
- We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or any other legal rights;
- We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with Section 2, or any other material terms, of this Agreement.
3.3 You accept and understand that our Site may contain links to third-party websites or apps, advertisers, services, special offers, or other events or activities that are not owned or controlled by Kofunds. We do not endorse or assume any responsibility for any such third-party sites, apps, information, materials, products, or services. If you access any third-party website, app, service, or content via our Site, you do so at your own risk and you agree that Kofunds will have no liability.
4. SUSPENSION AND TERMINATION
4.1 You agree that the failure to comply with any duties or obligations under Section 2 constitutes a material breach of this Agreement.
4.2 You agree that if, in our opinion, you are in breach of any of the terms of this Agreement, we reserve the right to take, or authorize any other person take on our behalf, any and all remedial actions, including but not limited to the following:
- Immediate and temporary or permanent withdrawal of your right to use our Site;
- Immediate and temporary or permanent removal of any posting or material uploaded by you to our Site;
- The issuance of a warning to you;
- The commencement of legal action against you, including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs), resulting from the breach;
- The disclosure of such information to law enforcement authorities as we reasonably believe is necessary.
5. OUR CONTENT AND RELATED RIGHTS
5.1 You agree that all rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to content on our Site (excluding content provided or added by you or other users of the Site), including but not limited to, all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents on the Site, and the underlying code and software in the Site (“Our Content”) are and will remain the exclusive property of Kofunds and any applicable licensors. All such rights to Our Content are reserved.
5.2 You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license or rent any part of Our Content unless we provide you with our prior express written consent to do so.
6. OUR RELATIONSHIP WITH YOU
6.1 Nothing in this Agreement shall be deemed to constitute a partnership, agency or employment relationship, as a matter of fact, between you and Kofunds.
7. DISCLAIMERS
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
7.1 YOU ACCEPT AND UNDERSTAND THAT KOFUNDS AND ITS AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED RELATING TO, BUT NOT LIMITED TO, THE FOLLOWING:
- THE COMPLETENESS, ACCURACY, QUALITY, AVAILABILITY, FUNCTIONALITY, COMPATIBILITY, FREEDOM FROM DEFECTS, FREEDOM FROM VIRUSES OR ANY OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, TIMELINESS, SECURITY, PERFORMANCE OR RELIABILITY OF THE SITE OR ANY CONTENT THEREON;
- THE FITNESS OR SUITABILITY OF THE SITE FOR MEETING YOUR REQUIREMENTS OR ANY PARTICULAR PURPOSE;
8. OUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
8.1 YOU ACCEPT AND UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOFUNDS AND ANY SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES OR CONTRACTS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS OF ANTICIPATED SAVINGS, WASTED MANAGEMENT OR OFFICE TIME OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO:
- YOUR ACCESS TO OR USE OF THE SITE;
- YOUR ACCESS TO OR USE OF A THIRD PARTY APP OR SITE THAT IS REFERRED TO, DESCRIBED ON, REFERENCED OR LINKED TO OUR SITE;
- YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SITE;
- THE CONTENT OF ANY USER OR THIRD PARTY DISPLAYED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT CONTRIBUTED BY OTHER USERS OR THIRD PARTIES;
- THE CONDUCT OF ANY THIRD PARTY;
- THE USE, DISPLAY OR PUBLICATION OF ANY CONTENT, INFORMATION, PRODUCTS, LINKS OR SERVICES ACCESSED THROUGH THE SITE; OR
- ANY UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
8.2 NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SITE, SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU, IF ANY, TO ACCESS OUR SITE.
9. YOUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
9.1 YOU ARE RESPONSIBLE, AND ASSUME ALL LIABILITY, FOR ALL CONTENT THAT YOU LINK TO, CONTRIBUTE OR ADD TO THE SITE.
9.2 YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY REPRESENTATIONS OR CONTRIBUTIONS MADE BY OTHER USERS OR THIRD PARTIES.
9.3 IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER USER OR THIRD PARTY, YOU SHALL RELEASE US, OUR AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH SAID DISPUTE.
9.4 YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
10. YOUR DATA AND INFORMATION
10.1 You understand that we process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
10.2 You agree that by using or accessing this Site, you permit Kofunds to allow certain third-party service providers to access your information, including but not limited to, personally identifiable information, for the sole purpose of enabling the proper functioning of the Site.
10.3 By using the Site, you consent to the storage of your personally identifiable information on servers that may, for a period, be outside the United States.
11. GOVERNING LAW AND JURISDICTION
11.1 You agree that the courts of the State of New York shall have exclusive jurisdiction over any claim or dispute arising from, or related to this Agreement.
11.2 You further agree that this Agreement is governed by the laws of the State of New York and US Federal Law.
12. SEVERABILITY
12.1 You agree that if any clauses in these Terms of Use are found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and in such event, such provision shall be changed and/or interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
13. ENTIRE AGREEMENT
13.1 You accept and understand that these Terms of Use (inclusive of any other Policies or Agreements referenced or incorporated herein) are the entire and exclusive agreement between Kofunds and You regarding your use of the Site. These Terms supersede and replace any prior agreements between Kofunds and You regarding the Site.
13.2 You acknowledge that you have not, in agreeing to these Terms of Use, relied on any representation, warranty or undertaking not expressly incorporated herein.
14. DISPUTE RESOLUTION
14.1 If you have any issues, wish to make a complaint or have a dispute relating to this Agreement, we strongly encourage you to first contact us directly to seek a resolution. Kofunds reserves the right to determine at its sole discretion the means, methods and processes by which issues will be resolved, with the goal of a satisfactory resolution for all parties.
15. REVISIONS AND INTERPRETATION OF THESE TERMS
15.1 You accept and understand that we may revise these Terms from time to time. The most current version will always be available on the Site. If, in our opinion, the revision is material, we will notify you of the material revision via an e-mail to the email you submitted on the Site.
15.2 You agree to be bound by any revised version of our Terms of Use, with or without formal notification, once published on the Site, from the date of such publication, by continuing to access our Site after any such revision has been published on the website. We strongly encourage you to review the Terms of Use published on our Site from time to time.
15.3 You agree that, if this Agreement is translated into another language, the English version of the Agreement shall govern in the event of any conflict or ambiguity arising from the translation.
If you have questions regarding this Agreement, you can reach us here.