Terms of Service

These Terms of Service (these "Terms") are a legally binding agreement between you ("you" or the "User"), and Kasheesh, Inc. ("Kasheesh", "we", "us" or "our").

Before you use this website, please read these Terms in their entirety, which govern your use of, interactions with, or other access to https://www.kasheesh.co/ (or such other URLs or web addresses as may be available by Kasheesh from time to time; the foregoing collectively, the "Sites"), and any other services offered by us through or in connection with the Sites or our mobile apps, including the Kasheesh iOS and Kasheesh Android apps (together with the Sites, the "Services"). The Sites include all associated protocols (e.g. http, https), subdomains and paths associated with the relevant domains as well as any promotional sites, landing pages or other websites that make reference to these Terms.

ARBITRATION NOTICE — PLEASE READ CAREFULLY: THESE TERMS CONTAIN (I) A BINDING ARBITRATION AGREEMENT, (II) A WAIVER OF THE RIGHT TO A JURY TRIAL, AND (III) A WAIVER OF THE RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS.

As described in Section 12 below, you acknowledge that you have read and understood these provisions and agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Services will be resolved exclusively through final and binding individual arbitration, rather than in court, except as expressly provided otherwise herein. You further acknowledge and agree that you are waiving your right to a trial by jury and that you may bring claims against Kasheesh only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative proceeding. If you do not agree to these terms, do not access or use the Services.

1. Terms Binding

a. By using, interacting with, or accessing any part of the Services, or creating an account for the Services (each an "Account") you are bound by these Terms as well as all other policies, notices, and terms posted on the Sites (the foregoing together as "Policies" and each as a "Policy"). Policies include, without limitation, all Policies listed in the footer of the Kasheesh.co website, such as the Privacy Policy, the Pre-Paid Cardholder Agreement, Single-use Cardholder Agreement, Banking Partner's Privacy Notice, Acceptable Use Policy, Kasheesh Rewards Program — Terms & Conditions, Kasheesh Prohibited and Restricted Transactions Policy, and any other documents referenced in any such policy or referenced in these Terms. All Policies are hereby incorporated by reference into these Terms and are subject to all applicable provisions hereof. The Policies are an integral part of the Terms and, as they may be updated from time to time, any reference to the "Terms" shall also be deemed to include such Policies. If you do not agree to be bound by and comply with the Terms then you have no right or authorization to use the Services.

b. The Services are for personal use only. You represent and warrant that you will only use the Services for your personal use and that you will not use the Services for or on behalf for any other entity or person.

2. Eligibility

The Services are intended for users over the age of eighteen (18) who are located in the United States. If you are under the age of eighteen (18) or are located outside of the United States, you may not use the Services. We may, in our sole discretion, refuse to offer the Sites to any person or entity and change the eligibility criteria of the Sites at any time. You are solely responsible for ensuring that your use of the Sites complies with all laws, rules and regulations applicable to you. You may not access or use Services where use of the Sites is prohibited, or to the extent the offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

3. Accounts

a. Access Right

Subject to your strict compliance with these Terms and all Policies, Kasheesh grants you a limited, non-exclusive right to access and use the Services. As further set forth herein, this right may be terminated by Kasheesh immediately upon notice to you, for any reason or no reason.

b. Your Account

Some Services require the creation of an account (an "Account"). When you create an account with us, you must provide information to us that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your Account. You are responsible for safeguarding the password that you use to access the Services, and for any activities or actions under your Account. You will not disclose your password to any third party. You will notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

c. Third Party Cards

To create an Account, you will be asked to supply certain information including without limitation, your credit, debit card or prepaid number(s) (including their expiration dates, CVV and other identifiers; each a "Third Party Card"), your billing address, your email and other contact information. You represent and warrant that (i) you have the legal right to use Third Party Cards you submit to us; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the Services. Further information about our collection and use of information you provide is in our Privacy Policy.

Each Funding Card may only be associated with one active Kasheesh Account at a time. You may not add a Funding Card to your Account if that card number is already associated with another active Kasheesh Account. If you attempt to add a Funding Card that is already linked to another active Account, your request will be declined. Kasheesh reserves the right to suspend or terminate any Account found to have circumvented this restriction.

d. Pricing

Kasheesh provides information regarding its fee structure in your Cardholder Agreement. Kasheesh may modify fees in its sole discretion and at any time. Except as required by applicable law, Kasheesh does not make refunds for any reason.

e. Late Fees and Collections

We may charge you late fees for any fees owed to us not paid by their due date. Such late fees may be as set forth in your Cardholder Agreement. You agree to, and will, pay Kasheesh its reasonable costs of collection (including legal fees and other related expenses) in connection with any amounts you owe Kasheesh. We may refer overdue fees to collections agencies as determined within our sole discretion.

4. Card Use and Rewards

a. Account holders may be issued payment card numbers, physical payment cards or related devices or information (any of the foregoing a "Card"). Your use of Kasheesh Cards, the Services and your Kasheesh Account is strictly conditioned on your compliance with these Terms and all Policies. You will use Cards issued by Kasheesh and your Account only for legal and lawful purposes.

b. We reserve the right to deny any purchase, charge or any other transaction (each a "Transaction" or "Transactions") at any time for any reason or no reason. Cards are intended for personal use for purchases of consumer goods and services, and we reserve the right to decline Transactions that we believe, in our sole discretion, are not made for that purpose. We also reserve the right to restrict use of the Cards to certain categories of consumer Transactions based on factors such as the type of merchant, good, or service involved. We will not be liable to you (or any third party) if any merchant or other person cannot or will not process a Transaction permitted under these Terms. Unless prohibited by applicable law, we may from time to time limit or restrict the type, number and dollar amount of any Transaction, even if you have sufficient available credit to complete such Transaction. We may also limit or restrict the merchants or terminals where you may use your Account or Card. We may change these limits or restrictions from time to time in our sole discretion. We are not responsible for any losses you incur if we do not authorize a Transaction.

c. Without limiting the foregoing, Kasheesh may block or restrict certain types of Transactions, including as set forth in the Prohibited and Restricted Transactions policy. Notwithstanding if such Transactions are not blocked or restricted, and without limiting the Kasheesh Prohibited and Restricted Transactions policy, the following types of Transactions are prohibited: balance transfers, cash advances, items returned for credit, disputed or unauthorized purchases, fraudulent transactions, traveler's checks, foreign currency purchases, purchases of precious metals including gold, money orders, wire transfers (and similar cash-like transactions), lottery tickets and gaming chips (and similar betting transactions), loads or reloads of balances on gift cards or prepaid cards or cash equivalents, government services, business-type transactions (including reselling), person-to-person payments, Kasheesh Account fees and charges (such as finance charges), and fees for services or programs you elect to receive through Kasheesh.

d. If you qualify, and if applicable, your use of a Kasheesh Card may result in certain rewards ("Rewards") provided to you under the applicable Kasheesh rewards program (the "Rewards Program"). The Rewards Program is subject to the Kasheesh Rewards Program Terms & Conditions (the "Rewards Terms"). As further set forth in the Rewards Terms, Rewards are not redeemable for cash, nor can they be transferred, exchanged, or withdrawn as cash or any other cash equivalent. Further, except as expressly prohibited by law, (i) Kasheesh reserves the right to suspend or terminate any user's participation in the Rewards Program at any time, for any reason or no reason, including but not limited to fraud, abuse, or non-compliance with these terms and (ii) in the event of an Account closure, all remaining Rewards will be forfeited and cannot be redeemed or reinstated.

5. General Obligations and Restrictions of Use

a. Your use of the Services is conditioned on strict compliance with these Terms. You may use the Services only for lawful purposes and in accordance with these Terms.

b. Subject to the following non-exhaustive list of restrictions and obligations, you hereby agree that you will not use the Services in any way that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or is otherwise inappropriate as determined by us in our sole discretion;
2. infringes or violates any other person's or entity's rights, or that which Kasheesh, in its sole discretion, finds to be obscene or defamatory;
3. is in violation of any of these Terms or the terms of any Policy;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
5. contains (transmits, facilitates or otherwise enables) software viruses or any other computer code, files, or programs that disrupt, damage, limit or interfere with the intended function of any software, hardware, or telecommunications equipment or which provide, enable, facilitate or obtain unauthorized access (whether on behalf of other software processes or natural persons) to (or control of, or ability to modify or interfere with) any system, data, password or other information of ours or of any third party;
6. is fraudulent or impersonates any person or entity, including any of our employees or representatives;
7. in any way that violates any agreement to which you are subject or in any way violates any applicable law, regulation, order or agreement to which you are subject, including, without limitation, any applicable federal, state, local, foreign or international laws, rules and regulations governing securities, consumer protection, privacy and trade laws and regulations; or
8. encourages another individual or entity to engage in an activity that would constitute a violation of these Terms or any Policy.

c. You shall not, directly or indirectly: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper functionality of the Sites or any activities conducted on the Sites; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Sites (or other accounts, computer systems or networks connected to the Sites); (iv) run any form of auto-responder or "spam" on the Sites; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Sites; (vi) harvest or scrape any content from the Sites; (vii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites (including without limitation any application made available through or promoted by the Sites), except to the limited extent applicable laws specifically prohibit such restriction; (viii) modify, translate, or otherwise create derivative works of any part of the Sites; or (ix) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, including through the Sites or any rights pertaining to your use of, access to or exploitation of the Sites.

6. Violations of These Terms and Our Suspension and Termination Rights

a. Kasheesh reserves the right to investigate and determine, at our sole discretion, whether you have violated the Terms, including any Policy. Kasheesh may involve and cooperate with law enforcement authorities in prosecuting you if you violate or are suspected to have violated these Terms.

b. You acknowledge the Kasheesh has no obligation to monitor your use of, interaction with, or other access to the Services, however, Kasheesh may do so in its sole discretion, at any time, without prior notice to you and for any reason or no reason, including, without limitations, in response to your actual or suspected violation of these Terms or any Policy.

c. You hereby further acknowledge and agree that a violation of these Terms, or any Policy, will cause substantial harm to us, including but not limited to monetary damages for which will be difficult to ascertain and for which there may be no adequate remedy at law. As such, subject to applicable law, Kasheesh reserves the right to limit, suspend or terminate your right to use or access the Services and pursue ex-parte equitable or legal remedies to the fullest extent permitted by law.

d. Further, subject to applicable law, we may suspend, revoke or cancel your Account, any Card, your right to use any Card, or deny any Transaction, in our sole discretion at any time, with or without cause and with or without giving you notice. Any such actions on our part will not affect your obligation to pay us any outstanding balance, interest and fees under these Terms. Kasheesh is not liable for any refusal to honor your Card, refusal to honor or cancelling any accumulated Rewards in your Kasheesh Account (except where expressly prohibited by applicable law), or for the rejection of your Card by any person or entity. Further, in connection with suspension, revocation or cancellation of your Account, any Card, or your right to use any Card, Kasheesh may cancel, and you will forfeit, any accumulated Rewards associated with your Account(s), except as expressly prohibited by applicable law.

e. If we revoke or cancel your Card(s), you must destroy the Card(s). If a merchant that accepts Cards asks you to surrender an expired or revoked Card, you must do so. You may not use a Card after it has expired or after it has been revoked or canceled. You may cancel your Account with us at any time. If you ask us to cancel your Account but we believe you have continued to use your Account after the date of cancellation, we may consider such use as your request for reinstatement of your Account. We may then reinstate your Account. If applicable, we may charge you any applicable fees associated with reinstating your Account.

7. Intellectual Property

a. General

i. All content available through the Services, including, without limitation, all information, software, text, displays, images, video files, audio files, and photographs and the design, selection, and arrangement thereof delivered through the Services, as well as any logos, trade dress, or other identifying characteristics of the Services, is owned by Kasheesh and its licensors (collectively, the "Licensed Material").

ii. The Licensed Material is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Under these Terms, you are permitted to use the Licensed Material solely for personal, non-commercial use. Kasheesh and its licensors retain all right, title, and interest in any intellectual property as well as other applicable proprietary rights in the Licensed Material and your use of, interactions with, or access to the Services and any Licensed Materials available on or accessible through the Services is not intended and does not grant you any right, title, or interest in the Licensed Materials. Except as expressly authorized by Kasheesh, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Licensed Material, or use the Licensed Materials in connection with any product or service without our prior written consent.

iii. You must seek and obtain written consent from Kasheesh if you desire to use the Licensed Materials and any other content available on or through the Services in any way that is not authorized by these Terms. Kasheesh may, in its sole discretion, take action against you if you infringe the copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights of Kasheesh.

iv. Any suggestions, comments, ideas, or other feedback you provide to Kasheesh regarding its products or services ("Feedback") may be used by Kasheesh without restriction or obligation to you. By submitting Feedback, you grant Kasheesh a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

b. Digital Millennium Copyright Act

We respect the copyrights of others. If you believe that your work is accessible on or through the Services in a way that constitutes copyright infringement in accordance with the Digital Millennium Copyright Act 17 U.S.C § 512(c)(3) (the "DMCA"), you may notify us by sending an email or a written notice to our designated agent for infringement claims including the following information:

1. A physical or electronic signature of person authorized to act on behalf of the owner of a right that is allegedly infringed;
2. A description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on our Sites or available through the Services are covered by a single notification, a representative list of such works;
3. An identification of the material(s) that is claimed to be infringing and access to which is requested to be disabled, in addition to information reasonably sufficient to permit our designated DMCA agent to locate such material, such as a URL identifying where it is located on or through the Services;
4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
5. A statement by you, stating that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you under the penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the rights-holder whose right(s) is allegedly infringed.

Our designated copyright agent to receive DMCA notices is:

Moses & Singer LLP
405 Lexington Avenue
New York, NY 10174
Attn: Lindsay Kaplan, Esq.
Lkaplan@mosessinger.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.

Please be aware that if you knowingly and materially misrepresent that material or activity on the Sites or displayed anywhere else via the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

8. Third-Party Services and Third-Party Carriers

a. Third-Party Service Providers

The Services may include hyperlinks to other websites and services that are not operated by Kasheesh and are instead operated by third parties ("Third Party Service Providers"). Certain functions of the Services may link you to or provide you access to functions, content, or services operated by Third Party Service Providers (collectively, "Third Party Service"). Kasheesh does not warrant that our Terms or Privacy Policy are the same as those of the Third Party Service Providers.

Your use of Third Party Services is subject to the respective terms, conditions, and privacy policies of the Third Party Service Providers that provide them. Kasheesh is not responsible for the privacy practices, functionality, or content of the Third Party Services and assumes no liability for your use of, interactions with or access to such Third Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies, terms of use or service or other terms and conditions that govern the use of any Third Party Services you choose to access, visit, or link to through your use of the Services and you are solely liable for any violations of those terms and conditions that arise out of or relate to your use of the Third Party Services. You hereby acknowledge and agree that if you decide to use, interact with or otherwise access any Third Party Service linked to the Services, you do so entirely at your own risk and are responsible for and assume all risk arising from your use of or reliance on any Third Party Services.

b. Third-Party Carriers

We do not warrant that the Services will be compatible with any device, browser, or carrier. Your use of, interaction with, or access to the Services may be subject to the terms of your agreements with your device manufacturer, browser service provider, or carrier. You may not use a modified device to use the Services if the modification is contrary to device manufacturer's, browser's, or carrier's software or hardware guidelines, or any other terms and conditions of the device manufacturer, browser, or carrier.

9. Indemnification

You hereby agree to indemnify, defend and hold harmless Kasheesh, our parents subsidiaries, affiliates, representatives, agents, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Kasheesh Indemnitees") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, reasonable attorneys' fees and costs associated with pursuing any insurance coverage) (collectively, the "Claims") arising out of or relating to your use of or reliance upon the Services or your breach of these Terms.

10. Disclaimer

a. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

b. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS AND YOU ARE USING, INTERACTING WITH OR OTHERWISE ACCESSING THE SERVICES AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KASHEESH MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL, IN WRITING OR IN ELECTRONIC FORM, AND WHETHER ARISING UNDER STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, CONDITIONS OR GUARANTEES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AS RELATED TO OR IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER HEREOF AND THE QUALITY OF ANY SERVICES OR SITES CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, SECURITY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY KASHEESH OR BY ANY OF THE INDEMNIFIED PARTIES. KASHEESH MAKES NO WARRANTY THAT THE SERVICES OR SITES CONTENT WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. By using, interacting with or otherwise accessing the Services, you also hereby acknowledge and agree that we may from time to time, update the content, including, without limitation, the Licensed Materials, available on or through the Services. Such updates do not necessarily constitute content that is complete or up-to-date. At any time, any of the content on or available through the Services may be out of date, and we are under no obligation to update such content.

11. Limitations of Liability and Waivers

a. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND IN ANY APPLICABLE ADDITIONAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, THE KASHEESH INDEMNITEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOST BUSINESS OPPORTUNITY, DATA BREACH, LOST DATA OR LOST PROFITS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF, HOWEVER CAUSED, EVEN IF SUCH KASHEESH INDEMNITEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, YOUR LIABILITY TO KASHEESH FOR UNAUTHORIZED TRANSACTIONS, WHETHER AS A RESULT OF CARD THEFT, FRAUDULENT TRANSACTIONS, OR OTHERWISE, SHALL BE AS FOLLOWS:

b. SHOULD THE DISCLAIMER IN THE PRECEDING PARAGRAPH BE DETERMINED OR ADJUDICATED NOT TO APPLY TO DIRECT DAMAGES FOR ANY REASON, YOU HEREBY AGREE THAT THE KASHEESH INDEMNITEES' TOTAL AGGREGATE LIABILITY TO YOU FOR DAMAGES ARISING FROM OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION THE SERVICES, YOUR ACCOUNT, ANY CARD(S), OR ANY TRANSACTIONS OR PERFORMANCES CONTEMPLATED OR IMPLIED HEREBY, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY SHALL NOT EXCEED THE GREATER OF (I) THE MINIMUM DIRECT DAMAGES OWED TO YOU UNDER APPLICABLE LAW AND (II) THE AMOUNT YOU PAID TO KASHEESH IN TRANSACTION FEES IN THE THREE (3) MONTHS PRECEDING THE ACTION, OMISSION OR SET OF CIRCUMSTANCES GIVING RISE TO SUCH APPLICABLE CLAIM.

c. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

d. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS [OR HER] FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM [OR HER] MUST HAVE MATERIALLY AFFECTED HIS [OR HER] SETTLEMENT WITH THE DEBTOR."

e. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

f. To the maximum extent permitted by applicable law, you hereby release Kasheesh from any and all claims, demands, losses, damages, rights, and actions of any kind, including arising from or related to personal injury, death or property damage, that are directly or indirectly related to or arise from: (i) the actions and omissions of other users of the Services, including your interactions with such other users; and (ii) the actions and omissions of Third Party Service Providers, including your interactions with such Third Party Services.

12. Governing Law and Binding Arbitration

a. These Terms shall be governed by and construed in accordance with the Federal Arbitration Act (as amended for time to time, the "FAA"), applicable federal law and the internal laws of the State of New York, without reference to its conflicts of law rules.

b. Any dispute or claim arising from or relating to these Terms, the Services or your relationship with Kasheesh in any way will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify under applicable law. The FAA and federal arbitration law apply to these Terms.

c. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

d. The American Arbitration Association ("AAA") will conduct any arbitration under its Commercial Arbitration Rules (or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, mail us at the contact information below. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in New York County, New York, in the United States. The arbitrator may award the same damages to you individually as a court may. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on its own jurisdiction, including the arbitrability of any claim. Accordingly, the parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms, including this binding arbitration clause is void or voidable. However, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity. As set forth below, all arbitrations will be on an individual basis only.

e. For any dispute that fails to be subject to binding arbitration hereunder, you hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State or Federal Courts located in New York County in New York, for all disputes, including any litigation (each a "Dispute"), arising out of or relating to these Terms, including your use of the Sites and Services. Further, you covenant not to commence any litigation relating thereto except in such courts and irrevocably waive any objection to such jurisdiction and venue, including any objection of forum non conveniens. Each party shall be responsible for their own expenses, costs, and attorney's fees for any dispute arising out of or in connection to these Terms.

f. YOU AND KASHEESH HEREBY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS OR ANY TRANSACTION CONTEMPLATED HEREBY.

g. YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST KASHEESH IN CONNECTION WITH ANY CLAIM ARISING FROM OR RELATED TO THE SITES.

Contact Address for Arbitration Notices:

Kasheesh Inc.
5 W 20th Street
4th Floor
New York, NY 10011

13. Promotions and Giveaways

From time to time, we may offer sweepstakes, promotions or giveaways (each a "Promotion") on behalf of third parties. Each Promotion will have its own rules that will disclose what information is gathered, how that information is used, and who that information is shared with (each of the foregoing as "Promotion Terms"). You must review and agree to be bound by such applicable Promotion Terms and rules prior to engaging with each Promotion.

14. Privacy Policy

We are committed to preserving your privacy in accordance with our Privacy Policy which contains details concerning our practices for collecting, using, maintaining, protecting, and disclosing your information as well as the choices available to you regarding our use of your information. Please read the Privacy Policy carefully before using, interacting with, or otherwise accessing any of the Services. By using, interacting with, or otherwise accessing the Services, you understand and agree to our practices concerning your information as described in the Privacy Policy.

15. Changes to These Terms

Kasheesh may modify, revise, replace, or update these Terms at its sole discretion, at any time, upon notice to you. All changes to the Terms are effective immediately upon notice and apply to all use of, interactions with and other access to the Services thereafter. We will notify you of any changes to these Terms by contacting you via the email address you provided to us or through the Services and you consent to such means of notice. You are obligated to monitor the Services and your email inbox for any such notice. Because our Services are evolving, we encourage you to regularly check this page and the Sites so that you understand our most current Terms. If the revised Terms are not acceptable to you, you must stop using the Services.

16. Communications

You consent to receive communications from us electronically, including via email and SMS/text messages, at the email address and mobile number you provide to Kasheesh. These communications may include account notifications, legal disclosures, marketing messages, and other information related to your use of Kasheesh's Services. By providing your mobile number, you expressly authorize Kasheesh and its service providers to send you SMS/text messages, which may be sent using automated technology. Message and data rates may apply, and you are responsible for any such charges. You may opt out of receiving marketing email or SMS/text messages at any time by following the instructions provided in those messages; however, you may continue to receive transactional or service-related communications as permitted by law.

17. Assignment

These Terms are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. Any attempted or purported assignment in violation of this clause shall be null and void. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. Subject to the Privacy Policy and any applicable additional terms, the user created content, personal information and all other material you submit to or through the Sites may be transferred in connection with any such assignment or transfer.

18. Notices

Unless otherwise specified in these Terms, all notices to Kasheesh under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@kasheesh.com. Notices to you will be sent as set forth in Section 15, "Changes to These Terms". We may from time to time update our notice contact information by updating the contact information in these Terms.

19. Entire Agreement

These Terms constitute the entire agreement between the parties hereto. Unless otherwise specified herein, the Terms and any of our other terms and conditions govern your use of, interactions with, or access to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Kasheesh with respect to your use of, interactions with or access to the Services.

20. No Waiver

No waiver of a right under these Terms will be effective unless it is in writing. No single waiver of a right shall be deemed a further or continuing waiver of such or any other provision. In addition, a delay or failure to assert any right under these Terms, to partially assert that right, or a single exercise of that right shall not in itself constitute a waiver of that right as provided in these Terms. Except as otherwise expressly set forth herein, all remedies, rights, undertakings, obligations and agreements contained in these Terms will be cumulative and none of them, nor the exercise or failure to exercise any of them, will be in limitation of any other remedy, right, undertaking, obligation, or agreement of either party.

21. Severability

The invalidity or unenforceability of any provision of these Terms (or any Policy) shall not affect the validity or enforceability of any other provision. To the greatest extent possible, any invalid provision shall be automatically deemed modified to the least extent necessary to render it a valid provision which most closely approximates the intent and effect of the invalid provision and, together with all other provisions of these Terms (or applicable Policy), shall continue in full force and effect.

22. Miscellaneous

These Terms shall not be construed as creating a joint venture or other business relationship. These Terms are for the sole benefit of the parties hereto and there are no third-party beneficiaries hereto. The construction of these Terms shall not take into consideration the party who drafted or whose representative drafted any portion of these Terms, and no canon of construction shall be applied that resolves ambiguities against the drafter of a document. Neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms or its interpretation. Whenever the context so requires, each pronoun or verb used herein shall be construed in the singular or the plural sense and each capitalized term defined herein and each pronoun used herein shall be construed in the masculine, feminine or neuter sense. References to Sections and Appendices are to Sections and Appendices of these Terms unless otherwise specified. Whenever the words "include", "includes" or "including" are used, they are deemed to be followed by the words "without limitation." The words "herein," "hereof" and other words of similar import refer to these Terms as a whole and not to any particular section, subsection, paragraph, clause, or other subdivision. The word "or" is not exclusive. The symbol "$", and all references to cash amounts, refer to United States dollars. Any provisions of these Terms that expressly continue or are intended to operate after the term of these Terms shall survive the termination or expiration of these Terms for any reason.

23. Contact Kasheesh

If you have any questions about these Terms, please call us at +1-888-814-1972 or email support@kasheesh.co or write to us at:

Kasheesh
5 W 20th Street
4th Floor
New York, NY 10011