Effective 8.24.23

Welcome to Kadet. These Terms of Service outline the conditions and regulations that govern your access to and utilization of our websites, namely www.kadet.us and eu.kadet.com (referred to as the "Websites"), any potential future mobile applications (each an "App"), as well as your engagement with our services (collectively referred to as the "Services"). Kindly review the following terms attentively. Failure to agree to these terms will restrict your access to and use of the Services.

The terms "Kadet," "us," "we," or "our" denote KADET INC., the proprietor of the Services. The terms "you" or "your" refer to the user or viewer of the Services.

Acceptance

By accessing and using the Services, you acknowledge and agree to abide by the terms and conditions outlined in these Terms of Service ("Terms of Service"). These Terms of Service constitute the sole agreement between us and you, prevailing over any prior or contemporaneous agreements, representations, warranties, or understandings concerning the Services, the content, products, or services provided by or through the Services, and the subject matter covered in these Terms of Service. To use our Services, you must have reached the age of legal majority in your place of residence (typically 18 years old in most states) or obtain the permission of your parent or legal guardian, who must consent to these terms on your behalf.

Modifications

We reserve the right to amend these Terms of Service at any time without providing specific notice to you. The most recent version of the Terms of Service will be posted on the Services, and it is your responsibility to review them before using the Services, ensuring that you are aware of any modifications. By continuing to use the Services after the revised Terms of Service have been posted, you indicate your acceptance and agreement to the updated terms.

Privacy

The Privacy Policy is incorporated into these Terms of Service by reference, and your consent to be bound by these Terms of Service implies that you are also bound by the Privacy Policy.

Shipping and Return Policies

Our Shipping Policy and Return Policy are integrated into these Terms of Service by reference, and your agreement to be bound by these Terms of Service implies that you are also bound by these policies.

Use of Services

Certain sections or offerings of the Services may require registration. If registration is requested, you are obligated to provide accurate and complete registration information. It is prohibited to allow any other person to use the registered sections under your name or to grant access to multiple users on a network using a single name. You are responsible for preventing any unauthorized use.

We retain the right, at our sole discretion, to close, suspend, or restrict access to your account and/or the Services in the event that: (a) we are unable to obtain or verify your identity or eligibility; (b) the security of your account has been compromised; or (c) your account has been used, or appears to have been used, in an illicit manner.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other related aspects of the Services are protected by applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. Unless expressly permitted by these Terms of Service, it is strictly prohibited for you to copy, redistribute, use, or publish any such matters or any part of the Services. You do not acquire ownership rights to any content or materials viewed through the Services. The posting of information or materials on the Services does not constitute a waiver of any rights in such information and materials. Some of the content on the Services may be the copyrighted work of third parties.

Trademarks

The name, logo, and all associated names, logos, product and service names, designs, and slogans of Kadet are trademarks owned by Kadet or its affiliates or licensors. You must not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such marks without the prior written permission of Kadet. All other names, logos, product and service names, designs, and slogans on the Websites and App are trademarks of their respective owners.

Limited License; Permitted Use

You are granted a non-exclusive, non-transferable, and revocable license to access and use the Services strictly in accordance with these Terms of Service. All other rights are reserved.

Restrictions and Prohibitions on Use

Your license for accessing and using the Services and any content contained therein is subject to the following restrictions and prohibitions:

• You may not copy, republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available, in any form or by any means, all or any portion of the Services or any retrieved content.
• You may not create compilations or derivative works of any content from the Services.
• You may not use any content from the Services in a manner that may infringe upon any copyright, intellectual property right, proprietary right, or property right of us or any third parties.
• You may not remove, change, or obscure any copyright notice, proprietary notice, or terms of use contained in the Services.
• You may not make any portion of the Services available through any timesharing system, service bureau, the Internet, or any other technology.
• You may not remove, decompile, disassemble, or reverse engineer any software in the Services or use any network monitoring or discovery software to determine the Services' architecture.
• You may not use any automatic or manual process to harvest information from the Services.
• You may not use the Services for the purpose of gathering information for or transmitting unsolicited commercial email, deceptive addressing, unsolicited telephone calls or facsimile transmissions, or violating any state or federal law.
• You may not export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States.
• You may not use the Services in any way except as expressly permitted by these Terms of Service.

Errors, Corrections, and Changes

We cannot guarantee that the Services will be free from errors, viruses, or other harmful components, or that any defects will be rectified. The accuracy, timeliness, and suitability of the information available on or through the Services cannot be guaranteed. We reserve the right to make changes to the features, functionality, or content of the Services at any time. In our sole discretion, we may edit or remove any information or content appearing on the Services.

Third-Party Content

Third-party content may be present on the Services or accessible through links on the Services. We are not responsible for any errors, inaccuracies, defamatory statements, omissions, falsehoods, obscenity, pornography, or profanity contained in such third-party content. The opinions and information expressed in third-party content are solely the views of the respective authors and do not necessarily reflect our endorsement or beliefs.

Unlawful Activity

We retain the right to investigate reported violations or complaints regarding these Terms of Service. We may take appropriate action, including but not limited to reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties. We may disclose any necessary or relevant information, including your profile, email addresses, usage history, posted materials, IP addresses, and traffic data, to such individuals or entities.

Nontransferable

Your right to use the Services is nontransferable and non-assignable. Any passwords or access rights granted to you for obtaining information are likewise nontransferable and non-assignable.

Indemnification

You agree to indemnify, defend, and hold us and our affiliated parties, including partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, products and service providers, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, arising from your violation of these Terms of Service or your use of the Services.

Limitation of Liability

We and any affiliated party shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including damages for loss of business, loss of profits, litigation, or similar claims, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if we have been advised of the possibility of such damages.

Limitation of Liability

The aggregate liability of us and any affiliated party in relation to any claim arising from or related to the Services and/or the provided content shall not exceed $100. This amount shall serve as a substitute for any other remedies that you may have against us and any affiliated party. The exclusion and limitation of damages stated above are essential elements of the agreement between us and you. The provision of the Services and the presented content would not be possible without such limitations.

Use of Information

We reserve the right, and you grant us authorization, to utilize and share, in accordance with our Privacy Policy, all information concerning your use of the Services. Any remarks, suggestions, ideas, graphics, or other information communicated by you to us (referred to as a "Submission") will become our property. We are not obligated to treat any Submission as confidential and shall not be held liable for the use of any ideas provided by you, including product, service, or advertising ideas. We bear no responsibility for any similarities that may appear in our future products, services, or operations. Without limitation, we shall have exclusive ownership of all existing and future rights of every kind and nature related to the Submission. We shall be entitled to use the Submission for any commercial or other purpose, without providing compensation to you or any other person who submitted the Submission. You acknowledge that you are responsible for any material you submit, and you, not us, assume full responsibility for the message's legality, reliability, appropriateness, originality, and copyright.

Copyright Complaints

We respect the intellectual property rights of others, and we request the same from you. It is not our intention to infringe on anyone's intellectual property rights, and we will respond to claims of copyright infringement in compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide us with a written notice ("DMCA Notice") containing the following information:

• An electronic or physical signature of the authorized person acting on behalf of the copyright owner;
• A description of the copyrighted work that you claim has been infringed;
• The location of the infringing material on the Services;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed 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 information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

If we receive a DMCA Notice regarding User Content that you have submitted, we may notify you. In such cases, you have the option to file a counter-notice. We will impartially review all DMCA Notices and counter-notices. If a DMCA Notice is found to be valid, we may remove the infringing content. Conversely, if your counter-notice is deemed valid, we will dismiss the complaint and take no further action concerning your account.

To report copyright infringement, please email us at support@kadet.us with the subject line "Copyright Infringement." Kindly note that we may require additional information before removing any allegedly infringing material.

Please be aware that knowingly misrepresenting any of the above information in a DMCA Notice or counter-notice may result in liability for damages, including costs associated with investigating and addressing your claim, as well as legal expenses. If you repeatedly submit fraudulent or inaccurate DMCA Notices or counter-notices, we reserve the right to contact law enforcement and terminate your account.

Severability and Survival

If any provision of these Terms of Service is found to be invalid or unenforceable through a judicial decision, the remaining provisions shall remain valid and enforceable according to their terms. All terms that logically should survive the termination of these Terms of Service shall continue to be in effect.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and the provided content.

Governing Law and Jurisdiction

These Terms of Service shall be governed by the laws of the State of New York, without regard to conflicts of law principles. Any legal action to enforce these Terms of Service shall be filed exclusively in the state or federal courts located in New York, New York.

Force Majeure

Kadet shall not be held liable for any delay or failure to perform any obligation mentioned herein if such delay or failure is due to unforeseen events beyond our reasonable control, such as strikes, blockades, war, terrorism, riots, natural disasters, epidemics, or governmental actions, insofar as such an event prevents or delays us from fulfilling our obligations.