TERMS OF USE

Last updated: 07/01/2019

These Terms of Use (“Terms”) govern your (“you” or “your”) use of the website and related systems owned and operated by Kairoc Holdings, LLC, Crazy 88’s, LLC or any other entity they manage (hereinafter “Kairoc”, “we”, “us”, “our”), including the website www.kairocusa.com (collectively, the “System”). Access and use of any portion of the System is provided to you on condition that you accept these Terms of Use, and by accessing or using the System, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use, you are not authorized and should not access or use any part of the System.

We may revise and update these Terms of Use at any time and without notice. You should review the Terms of Use posted on the System periodically. Your continued access or use of the System after any such changes are posted will constitute your acceptance of these changes.

User Accounts

You must be over the age of 18 to register with the System. You also agree to provide true, accurate and complete registration information when you create a user account.

Privacy

Your use of the System is governed by our Data Privacy and Use Policy (“Privacy Policy”), which is available on the System. Your continued use of the System constitutes acceptance of the terms of the Privacy Policy, including any and all changes made to the policy.

Communication Preferences

If you register with the System, you consent to receiving service messages relating to your account, such as payment confirmations, account verifications and transactional notices. You also consent to receiving other communications from us such, as newsletters, special offers, announcements and surveys. You may opt out of some these additional communications by clicking on the “unsubscribe” links, as applicable, contained within such communications.

Geographic Restrictions

You may not be able to access all or some of the content and services of the System outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the System from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) 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, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

Use of the System

The System and its contents (the “Content”) are intended for your own personal, non-commercial use by customers of Kairoc in accordance with these Terms and Conditions. You may not use this System or the Content for any other purpose. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the System or the Content without, or in violation of, a written license or agreement with Kairoc; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the System or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Kairoc product or service if you are not expressly authorized by such party to do so; (e) using technology or other means to access Kairoc’s proprietary information, unless such use is expressly authorized; (f) attempting to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (g) creating derivative works from or otherwise exploit the Content in any way; (h) encouraging conduct that would constitute a criminal offense, or would give rise to civil liability; (i) using the System or the Content other than for its intended purpose, as determined solely in Kairoc’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information; (j) interfering with the security of, or otherwise abuse this System or any system resources, services or networks connected to or accessible through this System; and (k) violating any other provision of these Terms of Use or the terms of the Privacy Policy.

Information and Press Releases

The System may contain information, news, and press releases in connection with its Content. As further elaborated below, the System and its Content are provided “AS IS.”  Without limiting the foregoing, Kairoc disclaims any duty or obligation to update any Content. Information about third parties contained in the Content should not be relied upon as being provided or endorsed by us.

Content Posted on the System

The System may contain social networking components and interactive features, including, but not limited to blogs, chat groups, bulletin boards, news groups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. We may monitor content posted on the System, but are under no obligation to do so. You may be exposed to content on the System that is inaccurate or deceptive, or that you find offensive or objectionable.

We may remove any Content for any or no reason in our sole discretion.

Intellectual Property

All Content (including the organization and presentation of such Content) on the System are the property of Kairoc and/or its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.  Unless you have entered into a separate agreement with Kairoc, any use not expressly set forth herein of this Content without Kairoc’s written permission is prohibited.

KAIROC, and any other trademark, service mark, trade dress, and/or other indicia of source contained in the System (“Marks”) are owned by Kairoc, its affiliates, suppliers, or licensees or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kairoc or the applicable Mark holder. You may not use metatags or any other “hidden text” utilizing “Kairoc” or any other Mark without our prior written permission. In addition, the look and feel of the System, including all page headers, custom graphics, button icons and scripts, is owned by Kairoc and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Currency of System

Kairoc updates the information on this System regularly. However, Kairoc cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the System. Kairoc may revise, supplement or delete information, services and/or the resources contained in the System and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Third Party Materials

The System may display, include or make available third-party content, including data, information, applications and other products services and/or materials (“Third Party Materials”). Such Third Party Content may be referenced by links on the System, through third-party advertising, and by other methods which make such materials available to users. The inclusion of these Third Party Materials and links thereto does not imply that Kairoc monitors or endorses these links or Third Party Material. You acknowledge and agree that Kairoc is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Kairoc does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third-parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this System. Computer viruses or other destructive programs may also be inadvertently downloaded from this System.

Kairoc shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this System or your downloading of any of the Content from this System. Kairoc recommends that you install appropriate anti-virus or other protective software.

System and Materials Provided “As Is”

THIS SYSTEM AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. KAIROC DOES NOT REPRESENT OR WARRANT THAT THIS SYSTEM OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SYSTEM AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL KAIROC OR ANY OF ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SYSTEM, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SYSTEM OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Kairoc harmless against all claims or liability asserted against Kairoc arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Notice and Procedure for Making Claims of Infringement/Digital Millennium Copyright Act

Kairoc respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Kairoc with a written communication including substantially the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the System;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please address your letter to:

DMCA Infringement Claim Notice
c/o Legal Department

10795 W. Twain Ave., Suite 100

Las Vegas, NV 89135

Feel free to email legal@kairocusa.com.  However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Kairoc is not liable for any damages related to communications to or from the System. You agree with respect to any information provided by you to us through this System or via e-mail that:

  • Kairoc has no obligation concerning such information;
  • the information is non-confidential;
  • Kairoc may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

The System is controlled, operated and administered by Kairoc from within the state of Nevada. This System can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Nevada, by accessing this System, you acknowledge and agree that all matters relating to access to, or use of this System shall be governed by the laws of the state of Nevada and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Clark County, Nevada and acknowledge that you do so voluntarily.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

General

Kairoc’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this System or these Terms of Use, please contact Kairoc at legal@kairocusa.com or by writing to us at 10795 W. Twain Ave., Suite 100, Las Vegas, NV 89135.