Introduction and Acceptance of Terms

Welcome to KASHVE.The Kashve.com marketplace (the “Website”) is a trademark of and operated by [KASHVE] (“Kashve,” “we” or “us”).

The Websiteand all related services, content, and information are provided to you subject to your agreement to and compliance with the following terms and conditions (the “Terms of Service”). These Terms of Service are an agreement between you and us regarding your use of the information, products and services available on the Website. By visiting, browsing or shopping onthe Website, you (the “User”) agree to these Terms of Service. Please read them carefully.

Third-Party Sites

Kashve may utilize affiliated companies or third parties to provide certain products and services accessible through the Website. We do not control these third-party sites or their services. You agree that Kashve will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own terms and conditions. In case of conflicts between other terms and conditions and these Terms of Service, our Terms of Service will control, and you must comply with the terms and conditions contained herein.

License and Use

Subject to these Terms of Service,Kashvegrants you apersonal, non-exclusive, non-transferable, revocable license to access and use the Website for its offered services. You do not acquire any ownership interest in the Website or any related content under these Terms of Service, or any other rights thereto other than to use the Website in accordance with the license granted and subject to all terms contained herein. All rights not expressly granted to you in these Terms of Service are reserved and retained. We reserve the right to revoke access, refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that a User’s conduct violates these Terms of Service, applicable law, or is otherwise harmful to our interests.

The Website is not intended for and may not be used by those under 18 years of age. By using the Services, you represent that you're at least 18 years old or the legal age of majority where you live.

Prohibited Uses

Youmay only use the Website as permitted by these Terms of Service. Specifically, you are prohibited from:

• interfering with the Website performance or breaching Website security systems using viruses or any other technology or program designed to affect performance, content, and appearance of the website,
• collecting or gaining unauthorized access to Website data or the data of other users,
• adapting, modifying, or creating derivative works based on Website content or technology, in whole or in part,
• reverse engineering, deciphering, decompiling, disassembling or otherwise attempting to derive any technology or underlying intellectual property of the Website,
• transmitting orattempting to transmit any advertising or promotional material, including any junk mail, chain mail, spam, pyramid schemesor any other similar solicitation,
• restricting or inhibiting other users from using the Website and related services,
• manipulating or interfering with the listings or content of other users,
• posting false, misleading or libelous content or private information about other users,
• abusing, harassing, threatening, stalking or otherwise violating the legal rights of other users,
• impersonating or attempt to impersonate Kashve or its employees, representatives, subsidiaries or affiliates, and
• using the Website in any way that violates any applicable federal, state, local or international law or regulation.

If we believe you are violating these Terms of Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account and access to the Website.

Account Registration

You may be asked to register an account at the Website. You agree to provide accurate and complete information during your account registration. Each registration is for personal use only and you may not use another user’s account without permission. You are solely responsible for maintaining the security of your account and fully responsible for all actions that occur under the account.

Kashve shall be immediately informed of any unauthorized use of your account or any other breaches of security.

By posting a listing or making a purchase on the Website or our affiliate domains, you agree to receive electronic communications, including valuable newsletters and emails, from Kashve and our subsidiaries. User privacy is very important to us. If you do not wish to receive newsletters and emails, you may opt-out at any time.

Selling on the Marketplace

When listing an item for sale on the Website, you agree that:

• you assume full responsibility for the listing, including the accuracy and content of the listing,
• the content you provide complies with these Terms of Service,
• we may revise product data associated with listings to supplement, remove, or correct information, and
• content that violates these Terms of Service may be modifiedor deleted in our sole discretion.

Buying on the Marketplace

When buying an item on our Website, you agree that:

• you are responsible for reading the full listing before buying or committing to buy,
• youenter a legally binding contract to purchase an item when you buy, commit to buy or have an offer accepted for an item,and
• we do not transfer the legal ownership of items from any seller to you.

Intellectual Property Rights

You understand and agree that the content of the Website is protected by United States Copyright Law. Any attempt to reverse engineer, copy, download, or redistribute any part of the Website, other than is necessary for personal and noncommercial use or as allowed by these Terms of Service, is strictly prohibited.

The trademarks, service marks and logos (the "Trademarks") used and displayed on the Website are registered and unregistered trademarks of Kashve, our affiliates, and others. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the website, without the prior written permission of the Trademark owner.

Your Content

You are entirely responsible for the content you submit or poston the Website, and any harm resulting from the submission or creation of such content.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so. You represent and warrant that such content is accurate and that use of any such content, including derivative works, by us, other users, or others in contract with us, and in compliance with these Terms of Service, does not and will not infringe any intellectual property rights of any third party. Kashve takes no responsibility and assumes no liability for any content provided by you or any third party.

You will retain ownership of any content that is uploaded or generated by you to the Website. When providing content on the Website, you hereby grant to us the non-exclusive, worldwide, transferable, limited license to use, copy, modify, reproduce, publicly display, sell and distribute such content in or on products and in advertising, marketing, samples, and promotional materials for Kashve.

You may remove content or listings created or uploaded by you at any time during your use of the Website.

Notice of Copyright Infringement

If you are a copyright owner, or authorized on behalf of one, and you believe in good faith that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit via email to copyrights@kashve.com the following information:

• Written documentation with signature of the person authorized to act on behalf of the owner of the copyright interest.
• Detailed description of the material you claim has been infringed, including a copy of the copyrighted work or a link to the location where the copyrighted work exists.
• Your contact information including email address, telephone number, and mailing address.

Our copyright agent will quickly act on any such notice received. You may be held accountable for damages, including attorney’s fees, for any misrepresentation or bad faith claims on the copyright infringement of any content found on the Website.

General Representation and Warranty

You represent and warrant to Kashve that in use of the Website you will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party. User further represents and warrants to us that there are no claims, demands or any form of litigation pending, or to the best of User’s knowledge, threatened with respect to any of User’s content. Kashve will not be required to pay any third party related to using the content provided by the User. User listings and content should not cause direct or indirect injury to any third party and should be free of viruses or any other program or technology that can cause direct or indirect damage to the site.

Disclaimer

Kashve provides the Website on an “as is” and “as available” basis. We do not represent or warrant that the Website will be uninterrupted, free of errors and inaccuracies, reliable, timely, or meet User requirements. No warranties, express or implied, including without limitation any warranties of fitness or quality for a particular purpose or use, merchantability and non-infringement, shall apply to the Website.

Limitation of Liability

To the fullest extent permitted by applicable law, Kashve or its affiliates, employees, officers, directors, or agents shall not be liable to any User or third-party for any direct, indirect, consequential, incidental, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with (i) the use of the Website or any service or products based on any cause of action, even if advised of the possibility of such damages, (ii) the content contained on the Website, or (iii) any delay or failure in performance beyond control of the Kashve.

In no event shall the total aggregate liability of Kashve, arising out of or in any way related to the Website, exceed the amount paid to Kashve for the applicable products or services.

Indemnification

You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, Kashve, our partners, suppliers, affiliates, and our/their employees, directors, officers, members, and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the Website, including but not limited to your violation of these Terms of Service, through any act or omission.

Kashve Returns and Refunds

Should you wish to return anything sold directly by Kashve, we will be happy to accept returns for a full refund if received within 24 Hours from delivery. Returns must be sent in original, undamaged packaging at the cost of the buyer. If we find that the product has not been returned us in fully resalable condition, we reserve the right to refuse a refund on the item. If you are returning an item because of an error or damage/defect, we will provide a full refund and cover the cost of return shipping. Please contact query@kashve.com for all returns on items sold by Kashve.

Marketplace Seller Returns and Refunds

Refunds and returns for items sold by users on the Website are determined by the individual seller. In the event that you make a purchase and the item received is not as described on the listing, the item was never received or there is another issue,you may open a case by contacting seller@kashve.com. We will do our best to investigate the incident to resolution.

Release

If you have a dispute with another user, you release us, our affiliates, officers, directors, employees and agents from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections, statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Miscellaneous

These Terms of Service constitute the complete and sole agreement between Kashve and the User, and supersede all prior or contemporaneous agreements, representations, warranties and understandings. These Terms of Serviceshall be binding upon each party hereto and its successors and permitted assigns. This agreement will be governed by and construed in accordance with the laws of the state of [Georgia], except to the extent applicable law, if any, provides otherwise. If any part of the Agreement is held invalid or unenforceable, it will be severed, and the remaining portions will remain in full force and effect.

You may not assign or transfer your rights under these Terms of Service without the prior written consent of Kashve. We may assign our rights under these Terms of Service without condition. A waiver by either party of any of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

The User and Kashve shall be independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

In the rare event of a dispute, any claim or controversy arising out of or relating to these Terms of Service shall be resolved by confidential binding arbitration administered by JAMS, except for injunctive relief in emergent circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to settle all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

You understand that, absent this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Changes

Kashve reserves the right to add, delete, modify or update any of the terms and conditions contained in these Terms of Service, at any time and in its sole discretion without prior notice. We may post a notice on the homepage of our Website when such changes occur, however, it is recommended that you review these Terms of Service each time you visit the Website. By continuing to access the Website, you confirm your acceptance of the revised Terms of Service and any the terms incorporated herein by reference.

Questions

If you have any questions about these Terms of Service, please email us at sales@kashve.com