Terms and Conditions:

Welcome, and thank you for your interest in Kalkine Media LLC (“Kalkine Media”, “us” or “we”), our website at https://kalkinemedia.com/us, and our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms and Conditions are a legally binding contract between you and Kalkine Media regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING KALKINE MEDIA’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND KALKINE MEDIA’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY KALKINE MEDIA AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND KALKINE MEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENFTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16.)

 

1. Kalkine Media Service Overview. Kalkine Media is an independent global media house and investor relations group with its wings spread across different geographies. Kalkine Media serves as a high-end content-driven platform with the intent to keep readers abreast of latest developments and news across equity, currency, debt, and commodity markets.

2. Eligibility.

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old or have your parent or legal guardian’s consent to agree to these Terms; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

 

3. Accounts and Registration.

To access some features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at usamedia@kalkinemedia.com.

4.    Third Party Terms

• Third Party Services and Linked Sites. The Service may contain links to other websites (“Linked Sites”), which are not operated by Kalkine Media. Kalkine Media may provide tools through the Service that allow you to export information, including User Content, to Linked Sites and other third-party services, including through features that allow you to link your account on Kalkine Media with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Kalkine Media may transfer that information to the applicable third-party service. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them, or from any third-party service’s use of your exported information. Your use of the Linked Sites will be subject to the terms of use contained within each such site.
• Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third-party licenses.

5.       Prohibitions

You must not misuse the Service. You must not:

1. Use or promote, commit, facilitate or encourage others to use the Service in a way that is illegal, unlawful or fraudulent, or in connection with any harmful activity;
2. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;

• interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) transmitting or distributing a virus, spyware, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

1. interfere with security-related features of the Service, including by (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law hack into any aspect of the Service; corrupt data; or cause annoyance to other users;
2. violate or encourage others to violate, any right of a third party, including by infringing upon or misappropriating the intellectual property rights of any third party;
3. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

• send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
• attempt to affect the performance or functionality of any computer facilities of (or accessed through) the Service.

5. attempt to do any of the acts described in this Section 5 or assist or permit any person in engaging in any of the acts described in this Section 5.

Breaching this provision may constitute a criminal offence and Kalkine Media may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

6.       Content you submit to the Service

• User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
• Limited License Grant to Kalkine Media. By providing User Content to or via the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, fully-paid right and license (with the right to sublicense) to host, store, transfer, display, perform, modify for the purpose of formatting for display, use, reproduce, sublicence, edit and exploit the content in any form and for any purpose.
• Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
• User Content Representations and Warranties. Kalkine Media disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Kalkine Media to exercise the licenses granted by you in this Section, in the manner contemplated by Kalkine Media, the Service, and these Terms;
2. the content does not and will not (1) infringe, violate, misappropriate, or breach any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (3) cause Kalkine Media to violate any law or regulation;

• your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

 

• User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. We reserve the right without prior notice to screen, block, review, modify, reformat, reject, or remove any User Content that in our sole judgment violates these Terms, has the potential to harm, endanger or violate the rights of any person, or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Kalkine Media with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Kalkine Media does not permit copyright-infringing activities on the Service.
• Monitoring Content. Kalkine Media does not control and does not have any obligation to monitor: (i) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Kalkine Media reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Kalkine Media chooses to monitor the content, Kalkine Media still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

 

7.       Ownership; Proprietary Rights

(a)  The Service is owned and operated by Kalkine Media. All content other than User Content, including all visual interfaces, information, data, features, software, graphics, design, computer code (including source code or object code), products, compilation of User Content, aggregate reviews and ratings, and all other components of the Service (“Materials”) remain the property of Kalkine Media or its licensors and are protected by intellectual property and other laws. Except as expressly authorized by Kalkine Media, you may not make use of the Materials. All rights not granted expressly in these Terms are reserved by Kalkine Media and its licensors.

(b)  You may store, print, and display the Materials supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any Materials, nor may you use any such content in connection with any business or commercial enterprise without obtaining prior written permission from Kalkine Media.

(c)  All trademarks, service marks, logos, trade names and any other proprietary designations of Kalkine Media used herein are trademarks or registered trademarks of Kalkine Media and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kalkine Media. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners.

8.       Licenses

• Limited License. Access to the Service does not grant users any form of intellectual property right or ownership over the contents of the Service, except for as expressly stated in these Terms.

Subject to your complete and ongoing compliance with these Terms, you are granted, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (ii) access and use the Service.

• License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not reproduce, distribute, publicly display, publicly perform, retransmit, disseminate, sell, publish, broadcast, or circulate the Service or use it in conjunction with creating, promoting, trading, or marketing any investment product without the prior, express written consent of Kalkine Media.
• Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Kalkine Media an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

 

9.       Informational Purposes Only

• The Service has been prepared for informational purposes only and are not intended to be used as a complete source of information on any particular company. Kalkine Media is not responsible for material posted on the Service and does not guarantee the content, accuracy, or use of the content on the Service. No information, whether oral or written, obtained by you from Kalkine Media or through or from the Service shall create any warranty not expressly stated.
• Kalkine Media shall NOT be held liable for any investment or trading losses you may incur by using the opinions expressed in our publications, market updates, news alerts and corporate profiles. Kalkine Media does not in any way endorse or recommend individuals, products or services that may be discussed on the Service, and no information provided through by Kalkine Media should be viewed as a recommendation regarding any transaction in or the value of any investments. You should discuss your portfolios and the risk tolerance level appropriate for your personal financial situation with a professional licensed financial planner and adviser. Our publications are NOT a solicitation or recommendation to buy, sell or hold the stock of the company (or companies) or engage in any investment activity under discussion. We are neither licensed nor qualified to provide investment advice.

10.    Communications

• Calls and Text Messaging. Kalkine Media and those acting on our behalf may call you and send you text (SMS) messages at the phone number you provide us. These calls and messages may include information about your use of the Service, as well as marketing content.
• How to Opt-out. You may opt out of all calls to your wireless number by asking not to receive future calls on any call that you receive from us or on our behalf, or by sending an email to usamedia@kalkinemedia.com indicating that you no longer wish to receive calls along with the phone number of the mobile device receiving the calls. You may opt out of marketing calls to your landline number by making a do not call request on any call that you receive, or by sending an email to usamedia@kalkinemedia.com indicating that you no longer wish to receive marketing calls on your landline, along with the landline phone number receiving the calls. You may opt out of receiving marketing and/or operational text messages at any time by sending an email to usamedia@kalkinemedia.com indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts. You may continue to receive calls and/or text messages for a short period while Kalkine Media processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Calls and text messages may be made using an automatic telephone dialing system. Your agreement to receive marketing calls and text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
• Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
• Email. We may send you emails concerning our products and services. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

11.    Digital Millennium Copyright Act

(a)  DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Kalkine Media LLC
ATTN: Legal Department (Copyright Notification)
Address: 50 California St, Suite 1500, San Francisco, CA 94111.
Phone: +1 19178095204
Email: copyright@kalkinemedia.com

• Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

     i.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

     ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;

    iii. a description of the material that you claim is infringing and where it is located on the Service;

    iv.  your address, telephone number, and email address;

      v. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

    vi. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

• Repeat Infringers. Kalkine Media will promptly terminate the accounts of users that are determined by Kalkine Media to be repeat infringers.

12.    Term, Termination and Modification of the Service

(a)    Term. These Terms are effective beginning when you first download, install, access, or use the Service, and ending when terminated as described in Section 12(b).

(b)    Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Kalkine Media may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting us at usamedia@kalkinemedia.com.

(c)    Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer be authorized to access your account or the Service; and (iii) Sections 7, 8(c), 12(c), 14, 15, 16, and 18 will survive.

 

13.    Disclaimer of liability

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KALKINE MEDIA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KALKINE MEDIA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND KALKINE MEDIA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR KALKINE MEDIA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE KALKINE MEDIA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Kalkine Media does not disclaim any warranty or other right that Kalkine Media is prohibited from disclaiming under applicable law.

14.    Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE KALKINE MEDIA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY KALKINE MEDIA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 16(b) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE KALKINE MEDIA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO KALKINE MEDIA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (II) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.    Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you agree to indemnify, defend, and hold Kalkine Media, its directors, officers, employees, consultants, subsidiaries, agents, and affiliates (together, the “Kalkine Media Entities”), from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising directly or indirectly in connection with or from:

1. your access to and use of the Service or any Linked Sites;
2. your unauthorized use of, or misuse of, the Service;

• your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

1. your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
2. any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

16.    Dispute Resolution and Arbitration

Please read the following arbitration agreement in this Section 16 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Kalkine Media and limits the manner in which you can seek relief from us.

(a)    Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, or to any aspect of your relationship with Kalkine Media, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or Kalkine Media may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

(b)    Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Attn: Mengxin Cui, Chugh, LLP at 1902 Campus Commons Dr., Ste. 440, Reston, VA 20191. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at (800) 352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Kalkine Media will pay them for you. In addition, Kalkine Media will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous.

(c)    You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(d)    Authority of Arbitrator. The arbitrator will have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Kalkine Media. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

(e)    Waiver of Jury Trial. YOU AND KALKINE MEDIA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Kalkine Media are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

(f)     Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims will be arbitrated.

(g)    30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: usamedia@kalkinemedia.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Kalkine Media username (if any), the email address you used to set up your Kalkine Media account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

(h)    Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

(i)      Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Kalkine Media.

(j)      Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Kalkine Media makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Kalkine Media at the following email address: usamedia@kalkinemedia.com.

17.    Advertising and Sponsorship

• Parts of the Service contain advertising and material provided by sponsors. Advertisers and sponsors are solely responsible for ensuring that material submitted by them for inclusion on the Service is compliant with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, any information which is defamatory, obscene, threatening, or untrue. We shall not be responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
• Opinions and other statements expressed by users and third parties (e.g., experts, bloggers, and guest posters) are theirs alone and are not opinions of Kalkine Media. Content created by third parties is the sole responsibility of the third parties and the content’s accuracy and completeness is not endorsed by Kalkine Media or guaranteed.
• Kalkine Media is at times compensated by clientele and companies for relevant media coverage, news submissions services, digital participation, and advertising fees. We make all attempts to be transparent in our disclaimers for the readers on our website and in the articles we publish.
  
  

18.    Miscellaneous.

• General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Kalkine Media regarding your use of the Service. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
• Privacy Policy. Please read our Privacy Policy carefully for information about how you may access or correct your personal information or make a privacy-related complaint. Our Privacy Policy, which sets out how we will use, collect, store and/or disclose your information, is available at https://kalkinemedia.com/us/page/privacy-policy.
• Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
• Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
• Applicable Laws. These Terms are governed by and construed in accordance with the law in force in the State of California (without regard to its conflict of laws principles) and you, by agreeing to these Terms, are deemed to have submitted to the personal and non-exclusive jurisdiction of the courts of California and state courts and federal courts located in San Francisco, California and courts of appeal from those courts. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
• Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
• International Use. The Service is directed at the United States of America (“USA”) audience, yet it may be accessible from outside of the USA. We do not warrant nor make any representation that the Service complies with the laws (including intellectual property laws) of any country outside of the USA. If you access the Service from outside the USA, you do so at your own risk and you are responsible for complying with the laws in the place where you access the Service. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

19.    Assignment

These Terms, and any rights and licenses granted to you under these Terms, cannot be transferred or assigned by you, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

20.    Waiver

• If we fail to exercise or delay in exercising any right, power or remedy, or if we fail to require performance of any provision, we do not waive any right, including right to require performance, power or remedy.
• If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

21.    Changes to Terms

We may modify, update, or otherwise alter the Terms on a going-forward basis at any time upon 7 days’ notice. Changes to the Terms including changes in pricing will be notified to members via updated Terms being published on the Service and/or via email notification to clients. Your subsequent or continued use of the Service and/or receipt of our emails, will constitute your acceptance of any changes. As you are bound by these Terms, we recommend that you periodically refer to them. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon the earlier of your receipt of notice or acceptance of the modified Terms. Immaterial modifications are effective upon publication.

Except as expressly permitted in this Section 21, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

22.    Notice Regarding Apple.

This Section 22 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Kalkine Media only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any queries relating to these Terms;

Please email: usamedia@kalkinemedia.com

Phone: +1 (415) 293-8035

You can also write to us at: 

50 California St, Suite 1500, San Francisco, CA 94111.

Last Updated: 26/04/2023