Terms of Service
These Terms of Service are effective and last updated as of 03/03/2024.
Kadwi.com and the Kadwi mobile application are a property of Kadwi, LLC, ("Kadwi," "Company," "we," "us," "our") a Delaware limited liability company.
Kadwi helps users regain control of their social circle by matching them with other users to attend events. Users may browse events in their area or create one and signal their interest to an event. They then setup preferences regarding who they would like to meet at this event based on group size, gender and age. Users are then matched based on their preferences and their user profile to assess user compatibility (and their friends' profiles if the user signaled their interest to the event as part of a friend group). Group matches are first done by matching users according to their exact preferences in terms of group size, gender, and age. Group size and age preferences are then extended for users who have not yet been matched to group. Once matched, users may chat with their group members on the app to coordinate event attendance.
1. Acceptance of Terms. Kadwi.com welcomes you to its online service inclusive of our website and mobile app (the "Service"). By using this Service, you are agreeing to the following Terms of Service ("TOS"), whether or not you are a registered customer of Kadwi. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at www.kadwi.com/legal/terms-of-service and should check regularly for updates and changes. Kadwi also uses Google Maps APIs to set up your preferred location. By using this Service, you are agreeing to the Google Maps APIs Terms of Service ("TOS") available at http://www.google.com/intl/en/policies/terms.
KADWI RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT KADWI’S SOLE DISCRETION.
In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE.
2. Description of Service. Kadwi makes available a collection of resources to its registered and non-registered users as the Service. Registered users can create Content (as defined by Section 4 below), signal interest to events, edit events they created, rate interactions with other users, and read other users' private events. Non-registered users can browse events and interested users.
THE SERVICE IS PROVIDED "AS IS" AND KADWI ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANYCOMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, KADWI PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.
Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Kadwi properties, are subject to the then current TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, Kadwi can discontinue their ability to use the app at any time. In addition, we have the right to delete any piece of Content, and provide comment on any event or profile we find objectionable in our reasonable discretion.
You may only use this website for purposes expressly permitted by the TOS. As a condition of your use of Kadwi, you represent and warrant to us that you will not use the website and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.
You alone are totally responsible for any activity that takes place on Kadwi under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify us immediately. It is up to you to maintain the confidentiality of your password and username at all times.
You understand that you may receive business-related communications from us such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
Please contact us at info@kadwi.com with any questions regarding our Site and App or if you need support with anything technical. We will get back to you as soon as possible.
YOU ARE NOT AUTHORIZED TO CREATE AN ACCOUNT OR USE THE SERVICES UNLESS ALL OF THE FOLLOWING ARE TRUE, AND BY USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT:
- You are at least 18 years old; if you are younger than 18 years, do not use this service for any purpose, as it is not intended for use by minors;
- You are legally qualified to enter a binding contract with Kadwi;
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- You are not on any list of individuals prohibited from conducting business with the United States;
- You are not prohibited by law from using our services;
- You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence;
- You are not required to register as a sex offender with any state, federal, or local sex offender registry;
- You do not have more than one account on our Services; and
- You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our services without warning.
3. Rules of Behavior.
• Do not share personal and sensitive information with other users. While using the app, refrain from sharing your email, social handles, phone number, home address, or any other personal details. Do not request this information from other users. Do not send money to other users or request others to send you money.
• You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not violate the privacy or publicity rights of others.
• You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
• You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
• You must not post, upload or link to anything that could potentially exploit or harm users by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
• You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without the users’ prior express consent in each instance.
• You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
• You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
• You must not impersonate another person, group of people, or entity at any times, which includes not using anyone else's username or password.
• You must not use our Service for any illegal, immoral, or unauthorized purpose.
• You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
• You cannot modify, edit, or delete any Content and communications of the site or App and/or of other individuals other than your own Content.
• You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
• You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website.
• You must not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
• You must not state or imply that any of your submitted and or posted Content is endorsed by Kadwi or any affiliate thereof.
• You must not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 18 years of age).
• You must not engage in any "spamming" of any kind, including without limitation ad spamming.
• You cannot use the Kadwi name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Kadwi is associated with, or endorses, or is in any way connected with you, your business, or your Content.
WHILE KADWI EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT KADWI SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY KADWI IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, KADWI CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.
4. Content. As a registered user, you will be able to upload and post a great variety of materials and information, including but not limited to text, photographs, graphics and other materials ("Content"). This means that you have sole responsibility, not Kadwi, for all of the Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on Kadwi is entirely your responsibility.
Kadwi shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Kadwi members or otherwise created, distributed and displayed on any part of the Service. Kadwi does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Kadwi does not own any of the Content you post. By placing Content on the Service you are providing Kadwi with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content, in whole or in part, on the site for editorial and promotional purposes of the site. Kadwi reserves the right to exploit or promote this Content in connection with the promotion of the Service and other services offered by us.
Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. Kadwi shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify Kadwi with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Kadwi will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same other than as may be specifically required by law.
You acknowledge that Kadwi may or may not pre-screen Content but that Kadwi and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by us in our sole discretion.
Kadwi may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of Kadwi, its users and the public.
Kadwi respects the intellectual property of others, and we request our users do the same. In certain circumstances and at our discretion, we may, but are not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact us as soon as practically possible at privacy@kadwi.com with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of where the material you claim is infringing is located on the site/app;
(c) your name, address, telephone number, and email address;
(d) a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
(e) a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.
5. Links. The Service may provide, or third parties including Kadwi members may provide, links to other websites or resources, which are not maintained by or related to Kadwi. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Kadwi. Kadwi has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that we are not responsible for the availability of such links, resources and content, and do not endorse, and are not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Kadwi is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.
YOU AGREE THAT IF KADWI REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, WE HAVE THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TOYOU.
6. Indemnity. You agree to indemnify, defend, and hold Kadwi, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (individually and collectively, the “Indemnified Parties”) harmless from any breach of these TOS by you (or anyone on your behalf), including without limitation, any use of content other than as expressly authorized by these TOS. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the website including any information accessed from the website.
7. Personal and Non-Commercial Use of Website. Kadwi is for your personal and non-commercial use, unless otherwise specified. You may not use the Service for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Kadwi in each instance. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this website.
8. Modification and Termination of the Service. Kadwi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kadwi will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
In the event of any such modification, discontinuation or termination of any Service, you acknowledge and agree that any virtual goods such as matching credits that you may have purchased, obtained through your use of the Service, or otherwise acquired, may be reduced in value or completely eliminated, and that we will not be liable to you or any third party in any manner as a result of such reduction or elimination of value of such virtual items.
9. Kadwi Privacy Policy. Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at www.kadwi.com/legal/privacy-policy. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.
10. Registration; Payments; Cancelation. Registration. In order to use certain aspects of the Service you are required to register. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:
• Inconsideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
• You agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Kadwi has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
• You agree that Kadwi may, under certain circumstances and without prior notice, immediately terminate your account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to: (i) a breach or violation of the TOS or other Kadwi policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in our sole discretion and that Kadwi will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Service.
• You agree that your account is non-transferable and any rights to your account, password, username, and virtual currency or goods terminate upon your death or disability and/or termination of account for any reason.
• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact us immediately. It is up to you to maintain the confidentiality of your password and account. Kadwi is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
Payments. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Cancelation. ALL PURCHASES AND REDEMPTIONS OF MATCHING CREDITS ARE FINAL AND NON-REFUNDABLE. All matching credits purchases are one-time purchases only. At this time, Kadwi does not offer subscriptions. Your cancellation will take effect at the end of the current paid term unless otherwise terminated in accordance with our policies herein.
11. Practices regarding Use and Storage. You acknowledge that Kadwi may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of in-app and email messages which may be sent or received from an account of the Service, the maximum size of any email and in-app message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on our servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Kadwi has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that we reserve the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Kadwi has the right to modify these practices and limits from time to time.
12. Kadwi Proprietary Rights; Trademarks and Copyrights. You acknowledge and agree that the Service and any necessary software used in connection with the Service("Software") contain proprietary and confidential information that is the property of Kadwi and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by Kadwi or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Kadwi’s exclusive rights in the KADWI trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on Kadwi are the property of Kadwi, LLC or the party that provided such intellectual property to us. Kadwi and any party that provides intellectual property to us retain all rights with respect to any of their respective intellectual property appearing on Kadwi, and no rights in such materials are transferred or assigned to you, in whole or in part, at anytime.
13. No Co-Branding or Framing. You may not use or authorize any party to co-brand or frame Kadwi or any Service without the express prior written permission of an authorized representative of Kadwi, as applicable, in each instance. For purposes of this TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute Kadwi, in whole or in part, and/or any content accessible within Kadwi. For purposes of this TOS, "framing" refers to displaying any Kadwi webpage or Service within a bordered area of another website, regardless of whether the address of the originating webpage is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from Kadwi.
14. Disclaimer of Warranties. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.THE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KADWI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KADWI DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. KADWI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULTS OF THE USE, OF ANY SERVICE OR CONTENT ON THE WEBSITE WITH RESPECT TO ITS ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KADWI MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION REQUIRED TO BE MADE IN THE EVENT OF ANY LOSS OR DAMAGE TO THE WEBSITE OR ANY THIRD PARTY ARISING FROM YOUR USE OF THIS WEBSITE, THE SERVICE, OR ITS CONTENT. KADWI MAKES NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.
15. Limitation of Liability. KADWI, INCLUDING ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KADWI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORSEEABLE OR KADWI WAS NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KADWI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU HAVE PAID TO KADWI FOR THE APPLICABLE SERVICE OUT OF WHICH SUCH LIABILITY FIRST AROSE.
ALLCLAIMS MUST BE MADE WITHIN ONE YEAR OF THE APPLICABLE ACTIVITY OR FOREVER BE BARRED.
16. Special Admonition for Services Relating to Financial Matters. If you receive or request any news, messages, or other information from the Service concerning stock quotes, companies, investments, or securities, remember that the Service is provided for entertainment purposes only, and no Content included or information made available by the Service is intended for trading or investing purposes. Kadwi and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.
17. Personally Identifiable Information. Kadwi cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort to preserve your privacy, Kadwi agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at www.kadwi.com/legal/privacy-policy.
18. Disclosures Required by Law. It is our policy to release a user’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, and/or to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection and/or any other legitimate legal or business purpose now or hereafter existing.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD KADWI HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KADWI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KADWI OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
19. Disputes. If there is any dispute about or involving Kadwi and/or the Service, you agree that any dispute shall be governed by the laws of the State of Delaware, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts located in Kent County, Delaware.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
20. Miscellaneous Terms; General Information. These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Kadwi with respect to the Service and this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. Kadwi may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.
The failure of Kadwi to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by Kadwi must be in writing and signed by an authorized representative of Kadwi to be effective.
If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable),and therefore, responsible for its own actions.
Please immediately report any violations of these TOS to Kadwi, LLC at privacy@kadwi.com.