Kavacast® is the registered trademark of Grade A Communications, LLC. All rights reserved. All content relating to Kavacast is Copyrighted 2011, Grade A Communications, LLC. All other content is owned by the respective owners of said trademarks and copyrights.
This agreement covers three areas:
General Terms and Conditions
Channel Moderator Agreement
General Terms and Conditions
This User Agreement ("Agreement") is a contract between you (the "User") and Kavacast and applies to your use of Kavacast's services. Certain conditions apply involving companies, organizations or individuals who will be identified as "Channel Moderators" in this Agreement. Channel Moderators may offer Users cash rewards or incentive points for participating in activities within a Kavacast learning channel.
You must read, agree with and accept all of the terms and conditions contained in this agreement. In addition, you must read, agree with and accept any applicable agreements on the legal agreements page.
We may amend this agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. This is an important document which you must consider carefully when choosing whether to use the services at any time. This agreement also highlights certain risks related to using the services.
By clicking "I agree" below, you acknowledge and agree to the following risks of using the Kavacast service:
- Kavacast is not responsible for any cash rewards, rewards points, or any other rewards offered by companies, organizations or individuals that use the Kavacast system. Any dispute between you and other parties that offer cash rewards or points or any other reward must be settled between you and the other party. Kavacast has no responsibility.
- Channel Moderators are completely responsible for providing all appropriate fees to fulfill any cash rewards or reward points offered to Users. Kavacast is not obligated to convey any funds or points to Users prior to the Channel Moderator providing adequate funds.
User Agreement (Applies to Users and Channel Moderators)
1. Our Relationship With You.
1.1 Kavacast is only a Service Provider. Kavacast provides online services to allow you to view educational programs online from a variety of companies and organizations. Kavacast is an independent contractor for all purposes, except that Kavacast acts as your agent only with respect to the conveyance of rewards funds or points if/once they are provided by a Channel Moderator. Kavacast does not guarantee the timely delivery of these funds or points. We do not guarantee the identity of any User or Channel Moderator, nor do we authenticate or endorse any of the content or rewards offered or provided by the Channel Moderator.
1.3 Privacy of Others. If you receive Information about another Kavacast User through the service, you must keep the Information confidential and only use it in connection with the service. You may not disclose or distribute a Kavacast User's information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
1.4 Assignment. You may not transfer or assign any rights or obligations you have under this agreement without Kavacast's prior written consent. Kavacast reserves the right to transfer or assign this Agreement or any right or obligation under this agreement at any time.
1.6 Notices to You. You agree that Kavacast may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or sent by email to you unless we receive notice that the email was not delivered, in which case the posting on our website in and of itself shall suffice. If the notice is sent by mail, we will consider it to have been received by you three business days after it is sent.
1.7 Notices to Kavacast. Except as otherwise stated in other sections, written notice to Kavacast must be sent by postal mail to: Grade A Communications, LLC, 2310 Byron Place, Carlsbad, CA 92008.
1.8 Calls to You. By providing Kavacast a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls and/or other telephone calls from Kavacast and/or Channel Moderators at that number.
2. User Eligibility and Liability
2.1 Eligibility. To be eligible for our Services, you must be at least 18 years old and a resident of the United States with a valid Social Security number.
2.2 Identity Authentication. You authorize Kavacast and/or a Channel Moderator, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include, but is not limited to, asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments.
2.3 Sending Money. We may, at our discretion, impose a minimum amount of money we send or receive through our service. Currently, the minimum is $5. We may increase or decrease this minimum at any time at our discretion. Kavacast is not responsible for any bank fees, chargebacks, or any other charges incurred by User for any reason.
2.4 Channel Moderator Payments (Funding Sources) and Rewards Fulfillment by Kavacast. When a Channel Moderator agrees to pay Users for completing an activity, Kavacast may fulfill those rewards, at the request of the Channel Moderator and only upon receiving the funds and associated fees from the Channel Moderator. Kavacast will send rewards by check to Users the Channel Moderator and/or Kavacast deem eligible via U.S. Mail. Funds mailed to the street address listed in User's account at time of completion of associated training or activity shall be considered fulfilled. Kavacast is not responsible for undelivered mail due to incorrect address, error by U.S. Post Office, or for any other error, omission, or reason. Checks that are uncashed after 180 days from date of issue (not date of delivery) will be considered void and associated reward will be considered surrendered by User. Replacement checks will not be provided. Kavacast may offer other payment alternatives in the future. Kavacast has no responsibility of paying Users should the Channel Moderator not send the appropriate funds or for any other reason that Kavacast determines, in its sole discretion.
2.5 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Kavacast is not responsible for determining whether taxes apply to payments you receive or send.
2.6 Assignment of Interest to Kavacast. You agree that you will not receive interest or other earnings on the funds that Kavacast handles as your agent and places in pooled accounts. In consideration for your use of the service, you irrevocably transfer and assign to Kavacast any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this agreement grants Kavacast any ownership right to the principal of the funds you maintain with Kavacast, except in the case of forfeited funds as outlined bove. In addition to or instead of earning interest on pooled accounts, Kavacast may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.
2.7. Closing Your Account. You may close your account at any time by logging in to your account and choose the "Close Account" link, and then following the instructions. Upon account closure, we will cancel any pending transactions and you will forfeit any balances associated with your account after closing, unless otherwise legally prohibited. Any balance, upon confirmation of any outstanding transactions that have not yet been considered by Kavacast to be fulfilled, will be sent to you by Kavacast.
2.8 Escheatment of Dormant Accounts. If you do not log in to your account for one or more years, Kavacast may close your account and send any balance it considers to be not yet fulfilled to your primary address. If Kavacast does not close your account and the account remains dormant, , Kavacast reserves the right to assess a $15 per month maintenance fee until such time remaining balance is considered fulfilled or depleted..
3. Restricted Activities
3.1 Restricted Activities. In connection with your use of our website, your account, or the services, or in the course of your interactions with Kavacast, a User, Channel Moderator or a third party you designate, will not:
a. Breach this agreement, the Code of Conduct Policy or any other agreement that you have entered into with Kavacast (including a Policy);
b. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, falsifying your name, tax liabilities or revealing private information of others that you may possess as it relates to Kavacast);
c. Infringe Kavacast's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d. Use Kavacast to promote counterfeit goods or services.
e. Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
f. Provide false, inaccurate or misleading Information;
g. Send or receive what we reasonably believe to be potentially fraudulent funds;
h. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
i. Attempt to participate in Kavacast training activities for which you are not eligible and/or attempt to receive rewards from Kavacast and/or the Channel Moderator, bank, or credit card company for participating in the same training activity more than once;
j. Use an anonymizing proxy;
k. Control an account that is linked to another account that has engaged in any of these restricted activities.
l. Conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Kavacast, a User, or Channel Moderator;
m. Allow your Account to have a negative balance;
n. Disclose or distribute another Users Information to a third party, or use the Information for marketing purposes unless you receive the Users express consent to do so;
o. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
p. Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
q. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
r. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
s. Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
4.0 Issues with Kavacast
4.1 Contact Kavacast First. If a dispute arises between you and Kavacast, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Kavacast regarding our services may be reported to Customer Service online, or by calling (760) 448-5198.
4.2 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
4.3 Law and Forum for Disputes. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against Kavacast must be resolved by a court located in San Diego County, California. You agree to submit to the personal jurisdiction of the courts located within San Diego County, California, for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.
4.4 Improperly Filed Litigation. All claims you bring against Kavacast must be resolved in accordance with this section of this Agreement. All claims filed or brought contrary to this section shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to this section, Kavacast may recover attorneys fees and costs (including in-house attorneys and paralegals) up to $100,000.00 USD, provided that Kavacast has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
4.5 No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
4.6 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES, not to exceed $100.
4.7 No Warranty. KAVACAST, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KAVACAST, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Kavacast does not have any control over the products or services that are paid for with our Service and Kavacast cannot ensure that a Channel Moderator or User you are dealing with will actually complete the transaction or is authorized to do so. Kavacast does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. Kavacast will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Kavacast makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
4.8 License Grant. Kavacast and its licensors grant you a limited nonexclusive license to use Kavacast's software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all Kavacast documentation accompanying the Services. If you do not comply with Kavacast's implementation and use requirements you will be liable for all resulting damages suffered by you, Kavacast and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Kavacast's software are owned by Grade A Communications, LLC.
4.9 Indemnification. You agree to defend, indemnify and hold Kavacast, its parent, officers, directors and employees harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
Channel Moderator Agreement (Additional conditions applying to Channel Moderators)
5.0 Channel Moderators Liability
5.1 You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Kavacast, a Kavacast User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the services. You agree to reimburse Kavacast, a User, or a third party for any and all such liability.
5.2 Actions by Kavacast. If we have reason to believe that you have engaged in any restricted activities, we may take various actions to protect Kavacast, Users, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
a. We may close, suspend, or limit your access to your account or the services;
b. We may contact Users who have participated in activities sponsored by you and warn Users, law enforcement, or impacted third parties of your actions;
c. We may update inaccurate Information you provided us;
d. We may refuse to provide our services to you in the future;
e. We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability; and
f. We may take legal action against you.
Kavacast, in its sole discretion, reserves the right to terminate this agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
5.3 Account Closure, Termination of Service, or Limited Account Access. If we close your account or terminate your use of our services for any reason, we will provide you with notice of our actions. If we limit access to your account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate.
5.4 Payment Hold. Kavacast, in its sole discretion, may place a hold on payments we receive by you when Kavacast believes, in its sole discretion, there may be a high level of risk associated with the transaction. If Kavacast places a hold on your payment, it will show as "pending" in your Kavacast account.
5.5 Reserves for Channel Moderator Accounts. Kavacast, in its sole discretion, may place a reserve on funds held in your account. If Kavacast places a reserve on funds in your Account, they will be shown as "pending" in your Kavacast balance. If your account is subject to a reserve, Kavacast will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that Kavacast determines is necessary to protect against the risk associated with your account. Kavacast may change the terms of the reserve at any time by providing you with notice of the new terms.
5.6 Acceptable Use Policy Violation - User Fines. If you violate any Kavacast provision in this agreement then we may hold your funds up to 180 Days, fine you up to $2,500.00 USD for each such violation and take legal action against you to recover additional losses we incur. You acknowledge and agree that a fine up to $2,500.00 USD is presently a reasonable minimum estimate of Kavacast's damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Kavacast that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Kavacast may deduct such fines directly from any existing balance in the offending account, or any other Kavacast account you control.
6.0 Errors and Unauthorized Use.
2.1 Identifying Errors and/or Unauthorized Transactions. You can inspect your transaction history at any time by logging in to your Account on the Kavacast website. It is very important that you immediately notify Kavacast if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized transaction sent from your Account; (ii) there has been an unauthorized access to your Account; (iii) your password has been compromised.
6.2 Notifying Kavacast of Errors and/or Unauthorized Transactions. To notify us if you believe there has been or will be an error or unauthorized transaction on your Account, telephone Kavacast Customer Service at (760) 448-5198, contact us using this report form, or write to Kavacast, Attn: Error Resolution Department, 2310 Byron Place, Carlsbad, CA 92008. If you initially provide information to us via the telephone, we may require that you send your complaint or question in writing within 10 Business Days after the phone contact.
6.3 Review of Reports of Errors and/or Unauthorized Transactions. We will advise you of the results of our investigation within 10 Business Days after we receive your report. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 Days to investigate your complaint or question. If we decide that we need more time, we may provisionally re-credit your Account for the amount you think is in error within 10 Business Days after we receive your notice. At the end of our investigation, we will advise you of the results within 3 business days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit that we previously credited to you in relation to the alleged error. You may ask for copies of the documents that we used in our investigation.
6.4 Liability for Unauthorized Transactions. If you report and we verify that there has been an improper account access related to your account, we will close your account immediately until completion of our investigation. We are not responsible for unauthorized use of your account. You are responsible for maintaining security of your own account passwords and usernames.
6.5 Errors. If we discover a processing error, we will rectify the error. If the error resulted in your receiving less or more money than the correct amount in your account, Kavacast will credit or debit your account for the difference. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly and proximately caused by this failure, unless:
a. through no fault of ours, you did not have enough available funds to complete the transaction in your account;
b. our system was not working properly and you knew about the breakdown when you started the transaction; or
c. circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
7.0 Issues with Kavacast
7.1 Assumption of Rights. If Kavacast pays out a claim, reversal or chargeback that you file against a recipient of your payment, you agree that Kavacast assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, at Kavacast's discretion.
7.2 Release of Kavacast. If you have a dispute with one or more Users, you release Kavacast (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
7.3 Complete Agreement. This agreement sets forth the entire understanding between you and Kavacast with respect to the Service, as well as any other terms which by their nature should survive, will survive the termination of this agreement. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
8.0 Trademark and Copyright
"Kavacast.com", "Kavacast", and all related logos, products and services described in our website are either trademarks or registered trademarks of Kavacast or its licensors. You may not copy, imitate or use them without Kavacast's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Kavacast. You may not copy, imitate, or use them without our prior written consent.
9. Proprietary Platform and Rights
You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in presented to you through our Platform by other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Kavacast or users of Kavacast, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.