Terms Of Use

Last Updated: May 13, 2013

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes.

1.    Kazadu Services

Kazadu, LLC (hereafter referred to as "Kazadu", "we", "us", or "our") provides an online platform that connects those who are buying, selling or making repairs to their homes (collectively "Service Seekers") with Home Service Providers rendering services related to buying, selling or repairing homes (collectively, the "Home Professionals"), by accessing http://www.Kazadu.com and all other websites through which Kazadu makes its platform available (collectively, the "Site") and as an application for mobile devices (the "Application"). By using the Site and Application, you agree to comply with and be legally bound by the Terms of Use ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation or use of the Site in any manner (defined below), shall constitute a binding legal agreement between you and Kazadu. Please read carefully our Privacy Policy, which may be found at http://www.Kazadu.com/privacy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH MEMBERS WHO ARE HOME PROFESSIONALS (DEFINED BELOW) MAY CREATE PROFILES (DEFINED BELOW) FOR SERVICES (DEFINED BELOW) AND SERVICE SEEKERS (DEFINED BELOW) MAY COMPARE AND CONNECT WITH HOME PROFESSIONALS. YOU UNDERSTAND AND AGREE THAT KAZADU IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SERVICE SEEKERS AND HOME PROFESSIONALS, NOR IS KAZADU A REAL ESTATE BROKER, AGENT, FINANCIAL INSTITUTION, GENERAL CONTRACTOR OR INSURER. KAZADU HAS NO CONTROL OVER THE CONDUCT OF SERVICE SEEKERS, HOME PROFESSIONALS AND OTHER USERS OF THE SITE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

2.    Key Terms

"Kazadu Content" means all Content that Kazadu makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

"Collective Content" means Member Content and Kazadu Content.
 
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
 
"User" means any person who views or navigates the Site.

"Service Seeker" means a User who is searching for a Home Professional in order to buy, sell or make repairs to a home. These Users can read reviews and other content in order to compare home professional service providers. By becoming a Member, Service Seekers gain access to additional features on the Site including the ability to connect with Home Professionals who are also Members. 

"Service Provider" means a User who provides products or services related to buying, selling or making repairs to homes, and creates a profile on the Site to promote their products or services. These Users can market their Services within their profile through reviews, discounts (if allowable in their state) and other content related to their products and/or services. They can also benefit by becoming a Member which will allow them to elicit reviews, interact with Service Seekers who are Members, Sponsor other Home Professionals who are Members, and upgrade to utilize additional features available to paid Members.

"Member" means (1.) a Service Seeker User who registers with Kazadu to access member benefits to compare and connect with a Service Provider who can help them buy, sell or make repairs to a home; or (2.) a Service Provider User who registers with Kazadu to create a Profile to display content related to helping Service Seekers buy, sell and repair homes.

"Member Content" means all Content that any Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

"Kazadu Reward Points" have been established to provide credit for subscription services, member upgrades, and other features provided by Kazadu now or in the future.
 
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE ON THIS SITE. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND , IN SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

3.    Modification
 
Kazadu reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Upgrade Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

4.    Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work:
 
The Site, Application and Services can be used to facilitate the ability for Members who have the desire to buy, sell or make repairs to a property or properties to compare, and connect to Home Professionals included in profile listings on the Site, Application and Services by Kazadu. Users may view Members as an unregistered visitor to the Site, Application and Services; however, if a Service Seeker wishes to connect with a Home Professional on the Site, they must register to become a Member by creating a Kazadu Account.
 
As stated above, Kazadu makes available a platform or marketplace with related technology for Members to meet online and engage in commerce outside of the Site. Kazadu is not an owner or operator of the various Home Professional's businesses, and Kazadu does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, or engage in other home professional services. Kazadu's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as a platform for Users to view the Site content and Members to interact as stated herein.
 
 
Kazadu Reward Points have been established to provide credit for subscription services, member upgrades, and other features provided by Kazadu now or in the future. The Points have no cash value and cannot be utilized outside of the Kazadu Site at this time. Company reserves the right to issue or revoke points to or from any user at any time at their sole discretion.

KAZADU CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILE, AND DOES NOT ENSURE THE LEGALITY OR SUITABILITY OF THE SERVICES REPRESENTED AND RENDERED BY MEMBERS. KAZADU IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PRODUCTS OR SERVICES SOLD BY HOME PROFESSIONAL MEMBERS TO SERVICE SEEKER MEMBERS. ACCORDINGLY, ANY PRODUCTS OR SERVICES PURCHASED BY SERVICE SEEKER MEMBERS FROM A HOME PROFESSIONAL MEMBER WILL BE MADE AT THE SERVICE SEEKER MEMBER'S OWN RISK.

5.    Account Registration
 
In order to access certain features of the Site and Application, and to create an account or profile, you must first register to create an account ("Kazadu Account") and become a Member. You may register to join directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (hereinafter referred to as "SNS" including, but not limited to, Facebook and Twitter) each such account being a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Kazadu Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Kazadu through the Site, Services or Application; or (ii) allowing Kazadu to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Kazadu and/or grant Kazadu access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Kazadu to pay any fees or making Kazadu subject to any usage limitations imposed by such third party service providers. By granting Kazadu access to any Third Party Accounts, you understand that Kazadu will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Kazadu Account and Kazadu Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Kazadu Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Kazadu's access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Kazadu Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site and Application.
 
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
 
 
Kazadu makes no effort to review any SNS Content for any purpose, including but not limited to, accuracy, legality or infringing content and therefore Kazadu is not responsible for any SNS Content.

We will create your Kazadu Account and your Kazadu Account profile page for your use of the Site and Application based upon the personal and business information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Kazadu Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Kazadu reserves the right to suspend or terminate your Kazadu Account and your access to the Site, Application and Services if you create more than one (1) Kazadu Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Kazadu Account, whether or not you have authorized such activities or actions. You will immediately notify Kazadu of any unauthorized use of your Kazadu Account.

6.    Professional Profile

As a Home Professional Member, you may create a free professional profile. To this end, you will be asked a variety of questions about the products or services you provide, including, but not limited to, your location, profession, licensure, years in business, specialties, biography, contact information, and other necessary information to create a professional profile. In order to be featured in listings via the Site, Application and Services, Members will be required to upgrade their membership. All paid and unpaid membership profiles will be made publicly available via the Site, Application and Services. Upgraded paid Members will have access to special features via the Site, Application and Services based upon the enhanced features advertised at the time Users register or upgrade their membership.
 
 
You acknowledge and agree that as a Home Professional you are responsible for any and all content, discounts, credentials, specializations, communications, or review responses you post. Accordingly, you represent and warrant that any content you post will not violate any third party, and will not bring harm to Service Seekers looking for quality Home Professionals. You further agree that you: (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any product or service you provide, including, but not limited to, zoning laws and laws governing sales of residential and other properties and (b) not conflict with the rights of third parties. Please note that Kazadu assumes no responsibility for a Member's non-compliance with any applicable laws, rules and regulations. Kazadu reserves the right, at any time and without prior notice, to remove or disable access to any profile for any reason, including profiles that Kazadu, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
 
 
You understand and agree that Kazadu does not act as an insurer or as a contracting agent for Home Professionals displayed on the Site. If a Service Seeker Member requests a quote or engages a Home Professional Member for products or services, any agreement entered into is strictly between the Service Seeker Member and Home Professional Member, and Kazadu is not a party thereto.
 
 
Kazadu recommends that Members obtain appropriate licensing and insurance for their respective professions. Please review any federal, state or local policies that govern your profession or regulate your business.
 
7.    No Endorsement

Kazadu does not endorse any of its Members or any product or services provided by its Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity, licensure, specialty, claim, content, images, or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services through the regulatory agencies in the state where the Member operates their business. Kazadu will not be responsible for any damage or harm resulting from your interactions with Members.
 
 
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Kazadu's Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Kazadu with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with the Member on the Site who provided a product or service to you.
 
8.    Member Financial Responsibility

The Members, not Kazadu, are solely responsible for honoring any agreements entered into with other Members, and shall be responsible for making any claims, agreements or warranties through our Site, Application and Services. If you, as a Member, choose to enter into a transaction with another Member for professional home products or services, you agree and understand that you will be required to enter into an agreement with the Member and agree to honor any terms, conditions, rules and restrictions associated with the agreement made between you and the Member. Members acknowledge and agree that they, and not Kazadu, will be responsible for performing the obligations of any such agreements, that Kazadu is not a party to such agreements, and that, with the exception of payment obligations hereunder with regard to upgraded memberships and other paid services, Kazadu disclaims all liability arising from or related to any such agreements.

9.    Member Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

- use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content;
 
 
- use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;

- copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

- use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to professional home products or services.

- "stalk" or harass any other User or Member of our Site, Application, or Services or collect or store any personally identifiable information about any other User or Member other than for purposes of transacting as a Kazadu User or Member within the Terms of our Site;

- offer, as a Member any services that you do not yourself provide or have permission to provide.

-  register for more than one Kazadu Account or register for a Kazadu Account on behalf of an individual other than yourself;

- contact a Member for any purpose other than asking a question related to their products or services being offered;

- when acting as a User or Member, recruit or otherwise solicit any User or Member to join third party services or websites whether or not they are competitive to Kazadu;

- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

- use automated scripts to collect information or otherwise interact with the Site, Application or Services;

- as a User or Member, submit any product or service with false or misleading price information, or submit any product or service with a price that you do not intend to honor;

- or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

- use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Kazadu's name, any Kazadu trademark, logos, copyrights or other proprietary information, or the layout and design of any page or form contained on a page, without Kazadu's express written consent;

- access, tamper with, or use non-public areas of the Site or Application, Kazadu's computer systems, or the technical delivery systems of Kazadu's providers;

- attempt to probe, scan, or test the vulnerability of any Kazadu system or network or breach any security or authentication measures;

- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Kazadu or any of Kazadu's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing;

- from entering URL'S, email addresses, phone numbers, code, back-links, HTML or other types of self promotional codes, links, information or other content on any profile ,review, "Ask An Expert" question or answer, or in any other portion of the of the Kazadu Site.

Violation of any one of these policies shall result in the immediate termination of your account or membership with Kazadu. Violators shall be liable to the fullest extent of the law and may be subject to criminal charges and/or civil damages.

10.     Right to Investigate

Kazadu will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Kazadu may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Kazadu has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Kazadu reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Kazadu, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

11.    Privacy

See Kazadu's Privacy Policy at http://www.Kazadu.com/privacy and for information and notices concerning Kazadu's collection and use of your personal information.

12.    Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Kazadu and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

13.    Kazadu Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Kazadu grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Kazadu Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kazadu or its licensors, except for the licenses and rights expressly granted in these Terms.

14.    Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Kazadu a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. Kazadu does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Kazadu the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Kazadu's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Home Professional Members will have the ability to add and allow Sub-Users, which is defined as a person acting on any Member's behalf to access the Member's account to perform administrative acts and duties on behalf of the Member.  Members will be held personally responsible and liable for ALL actions performed by SUB-USERS assigned to their Account.  Sub-Users are not Members, but rather agents acting on behalf of the Member. As such, Members shall be fully liable for actions taken by their agents on the Site.
 
 
Kazadu will not be liable for the questions or answers displayed in the "Ask An Expert" section of the Kazadu Site. Any and all responses, answers, advice or otherwise will be posted and read without risk of liability or accuracy to Kazadu or its officers, agents, employees or assigns. Kazadu makes no guarantee of the accuracy of any "Answer" or recommendation provided by Service Provider Members of the Site. We encourage all Service Seeker Members to independently confirm each "Answer" viewed on the Site by independent third parties.

15.    Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Kazadu is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kazadu of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Kazadu Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

16.    Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Kazadu used herein are trademarks or registered trademarks of Kazadu. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

17.    Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at feedback@Kazadu.com or through the "Contact" (www.Kazadu.com/contact-us) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Kazadu and you hereby irrevocably assign to Kazadu and agree to irrevocably assign to Kazadu all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Kazadu"s request and expense, you will execute documents and take such further acts as Kazadu may reasonably request to assist Kazadu to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

18.    Copyright Policy

Kazadu respects copyright law and expects its users to do the same. It is Kazadu's policy to terminate in appropriate circumstances the Kazadu Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders
.
19.    Termination and Kazadu Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Kazadu Account. In the event Kazadu terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Kazadu Account you will remain liable for all amounts due hereunder. You may cancel your Kazadu Account at any time via the "Cancel Account" feature of the Services or by sending an email to compliance.officer@Kazadu.com. Please note that if your Kazadu Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews, connections or contact information exchanged with other Members or Feedback.  In addition, all your contact information shall be removed and deleted from all other Members platforms.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN OUR SERVICE PLATFORM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT KAZADU DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, HOME SEEKERS AND HOME PROFESSIONALS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND PLATFORM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KAZADU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KAZADU MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE PROFILES, RATINGS SYSTEM, OR OTHERWISE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KAZADU MAKES NO WARRANTY REGARDING THE QUALITY OF ANY FEATURED LISTINGS, ADVERTISEMENTS, YOUR ACCRUAL OF KAZADU POINTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR THIRD PARTY PLATFORM.
 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KAZADU OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
 
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USER, SERVICE SEEKER OR HOME PROFESSIONAL. YOU UNDERSTAND THAT KAZADU DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY WORKPLACE OF HOME PROFESSIONALS LISTED OR FEATURED THEREIN. KAZADU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS, SERVICE SEEKERS OR HOME PROFESSIONALS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY KAZADU. KAZADU EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER, SERVICE SEEKER, HOME PROFESSIONAL OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT POSTED ON THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE SITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR MEMBERS OF KAZADU, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER KAZADU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR OTHERWISE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR MEMBERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN ANY PROMOTION OR FROM YOUR LISTING OR PROMOTING ANY PRODUCT OR SERVICE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KAZADU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

20.    Indemnification

You agree to release, defend, indemnify, and hold Kazadu and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User or Member Content; (c) your (i) interaction with any User or Member, (ii) your user of Member products or services, (iii) creation of a profile or (iv) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a User or Member, and (d) your participation in the Site in general.

21.    Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your company is 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 list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Kazadu does not permit Listings associated with certain countries due to U.S. embargo restrictions.

22.    Reporting Misconduct

If you recognize anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Kazadu by contacting us with your police station and report number at compliance.officer@Kazadu.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

23.    Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Kazadu and you regarding the Site, Application, Services and Collective Content made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kazadu and you regarding the Site, Application, Services and Collective Content.

24.    Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Kazadu's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Kazadu may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

25.    Defamation; Communications Decency Act Notice

This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein.  We are not responsible for content or any other information posted to this site by third parties.  We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

26.    Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Kazadu (i) via email (in each case to the address that you provide) or (ii) by using the proper "Contact Us" section of the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

27.    Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the Commonwealth of Virginia and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Virginia Beach, Virginia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
 
28.    Dispute Resolution

You and Kazadu agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Kazadu are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Kazadu otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Virginia and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Kazadu otherwise agree, the arbitration will be conducted in Virginia Beach, Virginia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Kazadu submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Kazadu will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Notwithstanding the provisions of the "Modification" section above, if Kazadu changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to compliance.officer@Kazadu.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Kazadu's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Kazadu in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

29.    General

The failure of Kazadu to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kazadu. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

30.    DMCA Notice

This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA").  As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site.  All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

        Notification of Claimed Infringement:
        Kazadu, LLC
        2085 Lynnhaven Parkway, Suite 106-409
        Virginia Beach, VA, 23456
        Agent's Name/Email Address: compliance.officer@kazadu.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
 
31. Call Recording
 
You acknowledge and agree that Kazadu,LLC and/or it's officers, employees or assigns may monitor and/or record any telephone conversation between you and Kazadu,LLC and/or it's officers, employees or assigns.
 
32. Kazadu Promatch Service
 
When requested by a Service Seeker or User, the Kazadu Promatch system can refer up to 3 licensed Service Providers to Service Seekers. Kazadu, LLC takes steps in ensure each referral has the state-level required trade licensing to perform the requested service or task.  Some states may require additional licensing for projects above a specific dollar amount.  Kazadu, LLC recommends you confirm these requirements with the individuals or businesses in your particular state. In some states, licensing may be required by the county or local authorities in which the work is being completed.  Kazadu,LLC recommends you confirm these licensing requirements BEFORE proceeding forward with any job/project or hiring of a Kazadu referred Service Provider. We caution all Members, Users and Service Seekers to independently confirm all information, licensing and perform thorough background checks on each Kazadu Promatch referral as people and/or circumstances can change from day to day.  Kazadu, LLC, it's representatives, officers and/or staff make NO guarantee of accuracy and assume NO liability whatsoever.  You agree to release, defend, indemnify, and hold Kazadu and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Kazadu Promatch referral service. 

33.    Contacting Kazadu

If you have any questions about these Terms, please contact Kazadu at:
        Kazadu, LLC
        2085 Lynnhaven Parkway, Suite 106-409
        Virginia Beach, VA, 23456
        Contact: compliance.officer@kazadu.com

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