TERMS AND CONDITIONS

The terms and conditions “Terms and Conditions” set forth below govern your use of kompliant.com, including access, content, functionality, and services offered on or through kompliant.com (the “Website”).

Please read the Terms and Conditions prior to using the Website. By using Kompliant or by clicking to accept or agree to the Terms and Conditions, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://kompliant.com/privacy/ (the “Privacy Policy”), incorporated below for reference. If you chose not to agree to these Terms and Conditions or the Privacy Policy, you should immediately discontinue use and access of kompliant.com.

This Kompliant is offered and available to business owners who are 18 years of age or older. By using this Website, you warrant and represent that you can legally form a binding contract with Kompliant and meet all preceding eligibility requirements. If you do not meet all of these requirements, you should immediately discontinue use and access of kompliant.com.

Changes to the Terms and Conditions

We may update and make revisions to these Terms and Conditions occasionally and at our sole discretion. All changes are effective upon posting to the Website and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the revised Terms and Conditions posting means that you accept and agree to the changes. You are expected to check this page to be aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to remove or amend this Website, and any service or material we provide on the Website at our sole discretion and without prior notice. We will not be held liable should the Website be unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

To access the Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to Kompliant, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you provide a user name, password, or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use exercise care when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

If we reasonably suspect that your Kompliant account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), Kompliant may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access.

You understand and acknowledge that you have no ownership rights in your account on the Website and that if you cancel your account or your account is terminated, all Personal Information will be marked as deleted and maybe permanently deleted from Kompliant’s systems. Information may be retained for legal reasons or continue to be available for some period of time on backup systems. In addition, third parties may retain saved copies of your Personal Information.

We reserve the right to share your information with our providers to verify your identity in accordance with applicable law. By using Kompliant.net you consent to the collection of your Personal Information in order to verify your identity.

Intellectual Property Rights

The Website and its features, functionality and content are owned by Kompliant, Inc. d.b.a. Kompliant and duly protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, download or share materials except as noted below:

• The temporary storage of materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You are not allowed to:

• Modify copies of materials from Kompliant.net.
• Use any graphics, illustrations, video sequences, or photos.
• Alter or delete copyright, trademark, or rights notices from this site.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and Kompliant reserves all rights not expressly granted. Use of Kompliant not permitted by these Terms and Conditions is in breach of these Terms and Conditions and may violate copyright, trademark, and other applicable laws.

Mobile Use

If you access Kompliant through a mobile device you agree that your use of the Website through your mobile device and carrier may be shared with us, including, but not limited to, your carrier, device, or physical location. Please see our Privacy Policy for additional details.

Trademarks

Kompliant’s name, trademarks, logo, and related names, logos, product and service names, designs, and slogans are trademarks of Kompliant. You may not use such marks without the prior written permission of Kompliant, Inc. d.b.a. Kompliant. All other logos, names and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

• In violation of applicable federal, state, local, or international law or regulation (including and without limitation to any laws regarding the export of data or software to and from the US or other countries).
• In violation of U.S. international trade laws (including and without limitation to any laws and regulations implementing U.S. and international sanctions programs on individuals, entities, or persons in sanctioned countries).
• To impersonate or attempt to impersonate Kompliant, a Kompliant employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the preceding).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Kompliant or users of the Website or expose them to liability.

You also agree to not:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
• Use any device, process, robot or spider or other means to access, monitor or copy any of material on the Website.
• Use any process to monitor or copy any of the material on the Website manually without prior consent or for any other purpose not expressly authorized in these Terms and Conditions.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise, attempt to interfere with the proper working of the Website.

Enforcement and Termination

Kompliant retains the right to:

• Take any action on anything we deem necessary or appropriate in our sole discretion, including if we believe that it violates the Terms and Conditions, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Kompliant.
• Share your identity with third-party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS KOMPLIANT, INC., KOMPLIANT, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Violate legal rights of others, or contain material that could create any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
• Work to deceive any person.
• Promote illegal activity, or advocate, promote, or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with a person or organization.
• Give the impression that you are endorsed by Kompliant or its affiliates.

Information

The information presented on or through the Website is made available solely for informational purposes. We do not warrant the accuracy, or completeness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, licensors, syndicators, aggregators, and/or reporting services. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Updates and Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

If you provide your email address and/or phone number in connection with your account, we may send text messages and notifications to you via email or via SMS (text message), including verifying your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS and all charges are the sole responsibility of the user.

Third-Party Apps and Services

The Website may allow you to access or acquire links, content, or integrations from third parties (companies or people who aren’t Kompliant) (“Third-Party Apps and Services”). Third-Party Terms & Conditions do not modify any of these Terms. You are responsible for your dealings with third parties. Kompliant is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.

Links from the Website

Our Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL SUBMITTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER KOMPLIANT NOR ANY PERSON ASSOCIATED WITH KOMPLIANT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KOMPLIANT NOR ANYONE ASSOCIATED WITH KOMPLIANT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, KOMPLIANT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KOMPLIANT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Kompliant, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Kompliant of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kompliant to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Entire Agreement

The Terms and Conditions, our Privacy Policy supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by Kompliant and Kompliant, Inc.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@kompliant.com.

AML

Kompliant conducts its operations in compliance with applicable financial recordkeeping and reporting requirements, including those of the Bank Secrecy Act, as amended by Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), and the National Defense Authorization Act for the Fiscal Year 2021 (the NDAA), and applicable anti-money laundering statutes of jurisdictions where Kompliant conducts business (collectively, the “Regulatory Laws”).

UNDERSTANDING AND COMPLYING WITH REGULATORY LAWS IS SOLELY YOUR RESPONSIBILITY. ALTHOUGH KOMPLIANT USES THIRD-PARTY SERVICES AND COMMERCIALLY REASONABLE MEASURES TO IDENTIFY AND VERIFY THE IDENTITY OF INDIVIDUAL(S) AND BUSINESS(ES). KOMPLIANT DOES NOT GUARANTEE THE IDENTITY OF ANY INDIVIDUAL(S) OR BUSINESS(ES), NOR DOES IT GUARANTEE THAT ANY IDENTITY PROOFING WILL MEET YOUR OBLIGATIONS OR REQUIREMENTS UNDER REGULATORY LAWS.

All materials provided on this Website are for informational purposes only. You acknowledge and agree that Kompliant shall not be liable for any decisions or actions you take (or do not take) based on the materials provided on this Website. For more information on Kompliant’s identity and verification process, please visit http://www.kompliant.com.

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