Member Terms and Conditions
These Member Terms and Conditions (this “Agreement”) apply to all users (“you” or “Member”) who access and/or use the Kasamba platform for online advice and services (the “Advisor Platform”).
What is Kasamba?
Disclaimer – For Entertainment Purposes Only
Modification and Termination of Services
Fees and Payments
Links and Advertisements
Limitation of Liability
Kasamba provides an advisor platform that allows members to locate an advisor to ask questions or request advice and/or services directly from such advisor. Kasamba, via the advisor platform, enables a member to communicate directly with the advisor and pay for the services purchased by the member from such advisor.
You are solely responsible for verifying an Advisor’s identity, qualifications, credentials, biographics information, licenses held, and other information. Kasamba is not responsible for any such verification.
Member acknowledges and agrees that Advisors are neither employees nor agents nor representatives of Kasamba, and Kasamba assumes no responsibility for any act or omission of any such Advisor.
Advisors are not employees or agents of Kasamba or any of its affiliates. All Advisors are independent contractors of Kasamba, and because they are independent contractors, Kasamba does not control the quality, relevancy, or accuracy of any advice provided by an Advisor and does not determine whether any Advisor is qualified to provide any specific advice, whether an Advisor is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on or transmissions through the Advisor Platform by a Member or an Advisor are accurate, correct, relevant, or appropriate.
ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY ADVISOR IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
The advice or information provided by attorneys, doctors, and other Advisors in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting or a face-to-face physical examination. Members should not rely on or make health, legal, financial, or other decisions based on advise provided by any Advisor. Kasamba strongly recommends that a Member seeking medical or mental health advice see a qualified professional in person.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911.
By accessing and/or using the Advisor Platform, you represent, warrant, and agree to the following:
- You are at least 18 years of age.
- The information you submit in your registration form is true, accurate, and complete, and you will maintain and update this information during the term of this Agreement so that it remains true, accurate, current, and complete.
- You will not undermine, disrupt, or manipulate the integrity of the Member feedback rating system on the Advisor Platform. Kasamba may, without notice, remove old ratings or exclude ratings which Kasamba in its sole discretion believes compromises the integrity of the Member feedback rating system.
- You will not interfere with or disrupt any Kasamba servers, networks, or equipment in connection with the Advisor Platform.
- You will not attempt to gain unauthorized access to any computer system or network connected to the Advisor Platform.
- You will not transmit, upload, email, post, or otherwise make available through the Advisor Platform: (a) any junk mail, spam, or unsolicited email or bulletin board postings; (b) any unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind; (c) any information or material that infringes a third-party right, including but not limited to intellectual property rights and/or privacy rights; (d) any software viruses, Trojan horses, worms, or any other malicious application or code; or (d) any information or material which may constitute or encourage conduct that is a criminal offense, a civil wrong, or otherwise violates any applicable law.
- You will not violate any applicable laws, rules, regulations, or ethical codes.
- Kasamba enables the transfer of files between Members and Advisors. When opening such file attachment, it is your responsibility to scan the files with an anti-virus software application.
- You will not impersonate any person or entity or make any false statement regarding your employment or affiliation with any person or entity.
- You will not stalk, threaten, or harass any Advisor or Member or infringe on or attempt to infringe on their privacy.
- Kasamba may choose to review the Member’s personal profile and amend any typing or spelling errors.
- Kasamba may, in its sole discretion, (i) refuse to post or transmit; or (ii) remove any content uploaded by Member.
Kasamba may modify or discontinue, temporarily or permanently, any service part of the Advisor Platform, with or without notice to Member without liability to Member or any third party. Kasamba, in its sole discretion and for any reason, may terminate Member’s participation in the Advisor Platform and refuse any and all current or future use by Member of the Advisor Platform.
All interactions between you and an Advisor will be billed through the Advisor Platform regardless of whether the interaction is online or offline. You agree to abide by the pricing terms agreed upon with an Advisor while using the Advisor Platform and to pay to Kasamba all fees for services rendered to you by Advisors.
You may make payments by using the credit card, debit card, or PayPal account you have on file with Kasamba. You expressly authorize payments for all fees for each transaction occurring under your account. You will ensure that all credit card and payment information you provide is accurate, correct, and kept updated at all times, and that you are fully authorized to use such credit card and payment information. For your convenience, you may also deposit amounts to your available balance, a free feature for active accounts. Fees will then be deducted from your available balance as incurred, either as services are rendered or promptly after a session with an Advisor ends. For account balances that have not been added to or used for transactions for more than 12 months, Kasamba reserves the right to charge an administrative fee of up to US $5.00 (the “Account Maintenance Fee”) each month until the earlier of (i) the available account balance has been depleted; or (ii) 36 months have passed since the last transaction. Such Account Maintenance Fee shall be deducted automatically from the available account balance. No Account Maintenance Fees will be incurred if the account balance is US $0.00. You may request a refund of your available account balance by clicking here and typing the word “refund” in the help search bar and filling out the necessary information. If Account Maintenance Fees were incurred on account funds deposited prior to July 1, 2013, you may request a refund of the Account Maintenance Fees charged by clicking here and typing the word “refund” in the help search bar and filling out the necessary information.
You will reimburse Kasamba for any expenses incurred by Kasamba to collect fees owed by you. Kasamba reserves the right to charge interest on any past due amounts of 2% per month or the highest amount permitted by law (if lower). If a payment method is invalid, and a Member incurs any past due amounts, Kasamba reserves the right to charge any payment methods associated with the Member’s account for any past due amounts) including any taxes and late fees) until such amounts are paid in full.
Kasamba may, at its sole discretion, choose to refund a payment made by a Member in certain limited circumstances. The refund process is described at http://support.kasamba.com.
Please note that Kasamba will use reasonable efforts to process payments after the end of each session and within seven (7) business days of each transaction; however, there may be delays due to credit card and debit card payment processes. Charges incurred over a several day period may be consolidated and charged as a single charge. If a credit card charge is declined, Kasamba may attempt to charge any or all other cards you have on file (in one charge or in partial charges if unable to charge the full amount) for the following 60-90 days.
Time charges are based on increments of a minute as measured on Kasamba’s servers. Any use of a partial minute is rounded up to a full minute. Kasamba’s billing system is not fault-free; therefore, Kasamba shall not be liable for any problems, miscalculations, or malfunctions in processing payments. If you believe a mistake has occurred, please submit a ticket here.
Log-in Credentials. You are responsible for maintaining the confidentiality of your password, username, and any other security information related to your account. You are fully responsible for all activities that occur under your account.
Permitted Disclosures. Kasamba may disclose Member information, including, but not limited to, personal information, transcripts, surveys, and recordings, if Kasamba reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate Kasamba’s liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect Kasamba’s rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payment of fees by Members), or (v) is necessary to deter illegal behavior (including, but not limited to, fraud).
Your Information. You hereby grant Kasamba an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Advisor Platform.
The Advisor Platform, or a portion thereof, may also be made available via third-party websites. If you have accessed the Advisor Platform, or any portion thereof, via a third-party website, such use may be subject to terms and conditions imposed by such third party. Kasamba is not responsible for any terms, conditions, policies, acts, or omissions, of any such third parties.
Kasamba does not review, endorse, recommend, verify, evaluate, warrant, or guarantee the qualifications, expertise, claims, or background of any Advisor or any opinion, response, advise, prediction, recommendation, information, or other service provided by any Advisor. Kasamba shall not be deemed the provider of any of the Advisor’s services or other information acquired through the Advisor Platform.
MEMBER ACKNOWLEDGES AND AGREES THAT THE ADVISOR PLATFORM IS PROVIDED “AS IS” AND THEREFORE WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST KASAMBA, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, OR AGENTS WITH RESPECT TO THE ADVISOR PLATFORM. USE OF THE ADVISOR PLATFORM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, KASAMBA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
Kasamba does not assume, and will not be liable for: (1) the accuracy or availability of the Advisor Platform; or (2) any damages or injury arising from or related to the Advisor Platform and/or any opinion, response, advice, prediction, recommendation, information, and/or other service provided or not provided by any Advisor. Kasamba does not guarantee that Kasamba’s service will be uninterrupted or that it will be timely, secure, or error-free.
The Sites may contain links or other content (including advertisements on its own behalf or paid advertisements on behalf of third parties) related to web sites, products and/or services offered by third parties and Company has no control over any such linked content or anything provided by any such third party. The Member acknowledges and agrees that Company is not responsible for such third party links, content, web sites, products or services and will not be responsible or liable for anything related thereto and agrees that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with the use of or reliance on any such link, web site, content, product and/or service.
The Sites contain copyrighted material, trade secrets, trademarks, patents and other proprietary information owned by Company (“Intellectual Property”), one of its affiliated companies, or its licensors. This Agreement does not grant to the Member any rights to any Intellectual Property appearing on the Sites or any services offered by Company. The Member may not create any derivative or similar work or technology based upon any Intellectual Property of Company, an affiliated company, or its licensors. Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.
Company, its affiliated companies or its suppliers are the sole owners of all Intellectual Property. Except as otherwise expressly set forth or provided in this Agreement, Company, its affiliated companies or its suppliers shall retain all ownership rights in and to all Intellectual Property and content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT LIVEPERSON, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) LIVEPERSON, ITS AFFILIATES AND THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) LIVEPERSON DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD LIVEPERSON HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
Member shall defend, indemnify and hold Company, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the "Indemnified Parties") harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Advisor; (c) any content Member submits, posts or transmits through a Site and/or the Advisor Platform or otherwise provided by Member; and (d) Member's use of any Site and/or the Advisor Platform. This section shall survive expiration or termination of this Agreement.
Company respects the intellectual property of others, and we ask our users to do the same. Company may terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work, including the location where the copyrighted work exists;
- your telephone number, and email address;
- a statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Company's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
Kasamba Inc. Legal Department
475 10th Avenue
New York, NY 10018
By phone: +1 917 591-3027
By fax: +1 917 591-3027
By email: firstname.lastname@example.org
Company may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Advisor Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Advisor Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Company must be delivered via express delivery or regular mail to:
Attn: Legal Department
475 10th Avenue, 5th Floor
New York, NY 10018
You shall not assign your rights or obligations pursuant to this Agreement without the prior, written consent of Company.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New York, New York. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Company and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Company with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law from entering into trade relations with the United States are not permitted to use or access the Advisor Platform or the Sites.
No amendment to this Agreement will be effective unless made in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.