KASHPILE TERMS OF SERVICE

PLEASE READ THE TERMS OF SERVICE, AS SET FORTH IN THIS AGREEMENT, CAREFULLY BEFORE USING THIS WEBSITE.

ACCEPTANCE OF TERMS

Welcome to KashPile.com (the "Site"), a website of KashPile LLC (hereafter "KashPile", "we", "our" or "us"). The Site for parents, their young children and their family & friends, features a welcoming and supportive community where individual voices can be expressed, nurtured and heard, and individual needs respected without judgment. We aim to provide a safe place for parents to let their young children learn, explore and grow, as well as a safe place for parents, families and friends to exchange and discover ideas. The Site provides children with valuable money management services, including but not limited to, the opportunity to track the amount of money they have earned and received, keep a checklist of chores, manage goals, track the amount of money they allocate for spending, saving and donating to charities or other not-for-profit organizations (the "Services"). The Site is designed to be used by children in conjunction with a parent or legal guardian.

To help keep our Site safe for users of all ages we have established the following specific Terms of Service ("Terms of Service") for anyone using or viewing the Site (hereafter "you", "your", or "yours"). The Terms of Service Agreement (the "Agreement") governs your use of the Site including, without limitation, all content such as text, information, images, software, video clips, audio clips, logos, trademarks, trade dress, photographs, illustrations and other materials (collectively, the "Content") and the Services made available to you on or through this Site. The Site is designed to comply with U.S. laws and regulations. By using the Site, you: (i) agree to be bound by this Agreement; (ii) represent and warrant that you are either: (a) at least eighteen (18) years old; or (b) a parent or legal guardian of a user that is under the age of eighteen (18) years old and legally responsible for such minor user's use of the Site; and (iii) represent and warrant that you have the legal authority to accept the Agreement. If you are under 18 years old, by using this Site you certify that your parent or legal guardian has consented to your use and to this Agreement on your behalf, and you acknowledge and agree that your use of the Site is at their discretion. Until you are 18 years old, your parent or legal guardian may ask us to modify, deny access to, or terminate your account and we may do so at their request or any time, for any reason, without notice or liability. If you do not agree with the Agreement, please do not use the Site as you are not authorized to use the Site.

These Terms of Service, like the online medium itself, are subject to change. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms of Service at any time. The revised Terms of Service will be posted on the Site. Such changes and/or modifications shall become effective immediately upon the posting thereof. We encourage you to check back and review the Terms of Service, from time to time. Please review the Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Service. You can review the most current version of the Agreement at any time at KashPile.com/terms_of_service.

ACCESS TO THE SITE AND REGISTRATION REQUIREMENTS

Access to certain portions of this Site requires login and password information provided only to users who have registered (the "Registered Users"). You may not: (i) select or use a username of another person with the intention of impersonating that person; (ii) use a username of anyone else without authorization; (iii) use a username in violation of the intellectual property or other legal rights of any person; or (iv) use a username that KashPile considers, in its sole discretion and for any reason, inappropriate. The Site login and password are provided for the use of the individual Registered User only and are not transferable. Any user who obtains a login and password (collectively, "ID") by any means other than that user's own registration as a Registered User, is not authorized to use that ID and we request that such user notify KashPile in writing of the improperly disclosed ID. Misuse of an ID, including, without limitation, unauthorized sharing of the ID may result, at our sole discretion, in cancellation of the Registered User's subscription and other remedies, and we shall have no liability to the Registered User. Certain other Content or Services on the Site may require additional identification or passwords. Registered Users are solely responsible for (i) maintaining the strict confidentiality of their IDs; (ii) not allowing another person to use their IDs to access the Site, (iii) any damages or losses that may be incurred or suffered as a result of their failure to maintain the strict confidentiality of their IDs, and (iv) promptly informing us in writing of any need to deactivate an ID due to potential or actual security concerns. KashPile is not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to use your ID. You agree to immediately notify us in writing of any unauthorized use of your ID.

ACCOUNT INFORMATION

Your use of the Site is voluntary. You may choose not to use the Site and you may choose not to use your ID. You may cancel your ID at any time by contacting KashPile at the addresses provided below. If you choose to have an ID, you agree that you will be responsible for maintaining your ID as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your ID. You agree to immediately notify KashPile in writing in the event that (i) your ID is lost or stolen, or (ii) you become aware of any unauthorized use of your ID or of any other breach of security related to the Site. KashPile is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

Certain information we may collect about you is subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information. Some of your Account Information (as defined in the Privacy Policy) may be stored by third parties, such as your bank or other third party payment processors. You hereby authorize KashPile to access your Account Information that is maintained by identified third parties on your behalf as your agent to fulfill your participation in the Site. We will, as applicable, submit information that you provide to us to the applicable third party. You hereby authorize and permit us to use information submitted by you to the Services (if any) to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. Solely to fulfill the Services hereunder, you grant KashPile a limited power of attorney and appoint KashPile as your attorney-in-fact and agent to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN KASHPILE IS ACCESSING AND RETRIEVING YOUR ACCOUNT INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING SOLELY AS YOUR AGENT AND YOU SHALL BE ULTIMATELY RESPONSIBLE FOR OUR USE OF SUCH INFORMATION.

CONTENT AND SERVICES

The Site may provide certain Content and Services that KashPile may change or update from time to time. In all cases, the parent or legal guardian shall have ultimate control over funds expended through or in connection with the Site. Some of our features allow children to track "interest" earned on the balance in their virtual account. The interest and any other financial responsibility shall be paid solely by the parent or legal guardian, and not by KashPile. KashPile is not a bank.

The ability to post content may be provided to allow users and/or Registered Users to share pictures, ideas and information of interest. We cannot and do not monitor all of the Content posted or transmitted by users and Registered Users. Users and Registered Users are advised to use their best judgment when choosing to participate in any information sharing activity. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy found at KashPile.com/privacy_policy. In the event that any posted Content appears to be inappropriate for display on this Site for any reason, users and Registered Users are encouraged to contact KashPile to request removal of such Content. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. KashPile has no obligation to delete Content that you find personally objectionable but does not violate the Terms of Service.

KASHPILE IS NOT A BANK

While KashPile provides you with a tool to teach your children financial responsibility by offering the Services, KashPile is not a bank or financial institution and the Services are not financial services. You are fully responsible for managing your financial accounts (including the financial accounts of your family members) you set up using KashPile and we will not verify any amounts, transactions, calculations, allowances, budgets, goals or the like that you decide to use the Services. Any references to financial accounts on KashPile means the fictitious account accounts provided in the Services that are not electronically linked to any bona fide financial services account. Please always verify the availability of funds by checking your bank account before making any financial decisions. KashPile does not provide any financially-related advice, including tax advice.

USER POSTINGS AND CORRESPONDENCE

The Site may contain discussion boards, user-generated pages such as blogs, messaging services and other interactive features that allow you and other users to post information, provide feedback, and interact in real-time. To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the "Postings"), please be advised that Postings do not necessarily reflect the views of KashPile. In no event shall KashPile assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on or transmission via this Site. Responsibility for Postings lies with each user, and you alone are responsible for the content of your messages and the consequences of any such messages. Please take a moment to reflect on your Posting before submitting a post as you cannot edit or delete a Posting. Please do not post in haste and consider your words and tone carefully, and then respond in a respectful and serious manner. We do not claim ownership of any Postings that you may post or submit. However, by submitting a Posting, you hereby authorize KashPile, and grant us, our affiliates and other users the non-exclusive right to use, display, reproduce, modify and distribute, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, we will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the Postings in any manner that we may determine. You agree that KashPile and our affiliates may identify you as the author of any of your Postings by name, email address or username as we see appropriate, in our sole discretion. You acknowledge that Postings may be indexed by online search engines such as Yahoo! and Google. By submitting a Posting, you represent and warrant to us that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual and/or any third party-owned content including without limitation text, graphics, software, music, sound, photographs, videos, messages, posts, data, information or other material, you represent and warrant that you have the right to grant KashPile, our affiliates and other users permission to use such name, voice, likeness and/or image of such individual and/or such third party-owned content appearing in the Posting in all media throughout the world in perpetuity. By submitting a Posting, you agree to defend, indemnify and hold KashPile, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Keep in mind, that while users may have the option to submit Postings that are anonymous vis-a-vis other users of the Site, we may maintain internal records that track each Posting to the unique username under which the Posting originated. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy found at KashPile.com/privacy_policy. In the event that any Posting appears to be inappropriate for display on this Site for any reason, users and Registered Users are encouraged to contact KashPile to request removal of such Posting. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. KashPile has no obligation to delete content that you find personally objectionable but does not violate the Terms of Service. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. KashPile may (but is under no obligation to) pre-screen Postings and sweep its discussion boards and other areas of the Site periodically in its sole discretion. That said, KashPile is most often a passive conduit of the information that you and other users submit.

Any comments, materials, or letters sent by you to us regarding the Site other than Postings, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Comments") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. We will have no obligation of any kind with respect to Comments that you do not restrict and we will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Comments that you do not restrict. You expressly acknowledge and agree that we may preserve Postings and Comments and may also disclose Postings and Comments if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Postings or Comments violate the rights of third parties; or (d) protect the rights, property or personal safety of KashPile, its affiliates, suppliers, users or the public. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement, please notify us in writing about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

ACCOUNT INFORMATION

From time to time, you may provide KashPile with information, including, without limitation, Account Information (as defined in the Privacy Policy), Personal Information (as defined in the Privacy Policy), suggestions, ideas and/or any other content (collectively, "Data"). You hereby grant to KashPile a non-exclusive license to the Data solely for providing the Content and Services, for operating the Site and for other purposes permitted by or set forth herein. You represent and warrant that you have obtained all necessary rights to provide the Data to KashPile for use for these purposes.

YOUR RESPONSIBILITIES AND PROHIBITED BEHAVIOR

You may use the Site only for lawful, non-commercial purposes. You are responsible for all Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting our and third parties' rights with respect to Content and Postings that appears on the Site and not to download, email or otherwise transmit such Content and Postings in violation of our and third parties' rights. You shall not use the Site or Services to:

Upload, post, email, or otherwise transmit any Content or Posting that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Content or Posting, you represent and warrant that you have all rights to take such action with respect to the Content;

Upload, post, email, transmit or otherwise make available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Upload, post, email, or otherwise transmit any Content or Posting that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, otherwise offensive, or any other information that KashPile deems in its sole discretion to be inappropriate for this Site;

Victimize, harass, stalk, degrade, attack or intimidate an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;

Engage in conduct that harms minors in any way;
Instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

Encourage conduct that would constitute a criminal offense or that gives rise to civil liability;
Impersonate another person or entity, including without limitation, a representative of KashPile or its officers, directors, employees, contractors or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content or Posting transmitted to or through the Site;

Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any "Spam", "Junk Mail", chain letters, or any other potentially objectionable form of unsolicited communication;

Collect or store personal data with respect to third parties except as contemplated by the Agreement;
Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect KashPile or any third party or otherwise act in a manner that negatively affects other users' ability to use the Site;

Interferes with the use or enjoyment of this Site by others;
Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities, or otherwise permit the unauthorized use of a computer or computer network;

Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information which might be used to identity or locate a user;

Engage in conduct that is intended to promote and/or generate revenue for any third party business activity; or,
Violate these Terms of Service or any guidelines or policies posted on this Site.
KashPile will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES

From time to time, KashPile or its suppliers and advertisers may conduct promotions on or through the Site, including without limitation auctions, contests, sweepstakes and electronic postcards ("Promotions"). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Service (the "Rules"). If any conflict arises between these Terms of Service and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

LINKS TO OTHER SITES

KashPile does not review or monitor any web sites linked to the Site, and is not responsible for the content of any such linked web sites. Furthermore, KashPile is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither KashPile nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. KashPile will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that you access third party hyperlinks at your own risk. The linked sites are not under the control of KashPile and we is not responsible for nor does it certify the content of any linked site or any hyperlink contained in a non-affiliated linked site. KashPile reserves the right to terminate any hyperlink or linking program at any time. We have selected the links for your convenience. The selection or omission of hyperlinks is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. KASHPILE DOES NOT ACT AS AN AGENT OF ANY THIRD PARTY, EXCEPT TO THE EXTENT SET FORTH IN THE SECTION TITLED "ACCOUNT INFORMATION" ABOVE.

DEALINGS WITH THIRD PARTY SERVICE PROVIDERS

Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that KashPile shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site.

OWNERSHIP OF INTELLECTUAL PROPERTY

All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements of the Site, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the "Material") are the property of KashPile and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted on this Site or in connection with any particular Material, KashPile hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on this Site or in connection with any Material or software, you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from KashPile or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party web site) without the express prior written consent of KashPile. Use of KashPile and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile or reverse engineer the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.

DISCLAIMERS

NEITHER KASHPILE NOR THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND THE SERVICES) PROVIDES LEGAL, TAX OR FINANCIAL ADVICE. KASHPILE IS NOT A FINANCIAL PLANNER, BROKER, TAX ADVISOR OR A BANK. The Site is a money management website intended to assist you and your children in becoming financially responsible and socially aware. For some Services, you may direct KashPile to retrieve or store certain Account Information (as defined in the Privacy Policy). KashPile reserves the right, but does not have the obligation, to review the Account Information for any purposes, including, without limitation, for accuracy or legality. The accuracy of the Services depends on the accuracy of the information you submit. Your financial situation is unique and the Content and Services may not be appropriate for your situation and you are advised to seek professional advice before relying on any Content or Services found on the Site.

DISCLAIMER OF WARRANTIES

THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KASHPILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE MATERIAL, CONTENT OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESSED OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KASHPILE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE SITE. KASHPILE DOES NOT WARRANT THAT THIS NETWORK WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KASHPILE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL, CONTENT OR SERVICES RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KASHPILE, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, CONTENT OR SERVICES CONTAINED ON THIS SITE WHETHER THE MATERIAL, CONTENT OR SERVICES ARE PROVIDED OR OTHERWISE SUPPLIED BY KASHPILE OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL KASHPILE'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE-TO-STATE OR WITHIN NATIONAL JURISDICTIONS.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms of Service may not apply to you.

EXCLUSIONS AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KASHPILE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF KASHPILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless KashPile, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. KashPile reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with KashPile in asserting any available defenses.

APPLICABLE LAWS

This Site is controlled by KashPile from its offices within the State of New York. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Material, Content or Services in violation of United States export laws or regulations. These Terms of Service and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely within New York (without regard to any principles of conflict of laws). Any action you bring in connection with these Terms of Service or any other matters related to this Site shall be brought only in a state or federal court located in New York County, New York, and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action against KashPile arising out of or related to use of this Site or under these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

This Agreement, including the Privacy Policy, and any other KashPile policy which is incorporated herein by this reference or posted on the Site, contains the entire agreement between you and KashPile relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. KashPile reserves the right to make changes to this Agreement at any time without advance notice. KashPile shall post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through this Site. If any provision of these Terms of Service is found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect.

TERMINATION

KashPile reserves the right to terminate, suspend or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Service or any inappropriate or unlawful behavior on your part. In addition, KashPile reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. KashPile shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance. KashPile reserves the right to discontinue or make changes to the Site, Content, Materials and/or Services at any time.

NOTICE

KashPile may deliver notice to you under this Agreement by means of electronic mail, a general notice on KashPile.com, or by written communication delivered by first class U.S. mail to your address on record in KashPile's account information. You may give notice to KashPile at any time via electronic mail to help@Kashpile.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

KashPile LLC
6473 Carlton Road
Canton, Michigan 48187

If you object to any material found on this Site, please bring your concerns to the attention of help@KashPile.com. The Site administrator reserves the right to remove any material pending further investigation.

GENERAL

You agree to be bound by this Agreement and any modifications to this Agreement occurring prior to your continued use of the Materials, Content, Services or access to the Site. You should visit this Agreement from time to time to review the current terms of this Agreement because they shall be equally binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions. A waiver of a breach of any provision to this Agreement will not constitute a waiver of any other breach. KashPile reserves the right to add to or change the Site or cease offering the Site (or any Material, Content or Services on the Site) at any time and without liability. KashPile reserves the right to refuse to offer access to the Site to anyone at anytime without notice. You may not assign this Agreement without our prior written permission. This Agreement is binding upon your successors, assigns, heirs and executors.

YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT USE THE SITE.