KAFENE

WEBSITE TERMS AND CONDITIONS OF USE

THIS WEBSITE www.kafene.com AND ITS AFFILIATED PAGES (COLLECTIVELY, THE “SITE”) IS MADE AVAILABLE
BY Kafene (“KAFENE”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING
THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”). IF YOU
DO NOT AGREE TO THE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THIS SITE.

1. Your Use as Assent

This Site is the property of Kafene. By using this Site, you agree to these Terms of Use; if you do not agree, do
not use this Site. As long as you comply with these Terms of Use, Kafene grants you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Site.

2. Modification and Your Continued Use as Assent to Modified Terms

The products, services, information, materials, graphics, arrangement, design, text, sound and other items
contained on the Site (collectively, the “Content”) and these Terms of Use are subject to change any time,
without notice. Any dated information is published as of that date. Kafene has no obligation or responsibility
to update or amend any such information. Kafene reserves the right to terminate any Content or the Site at
any time, without prior notice. Kafene reserves the right to modify any of the Content at any time, without
notice. You agree to review the Content on the Site periodically to ensure that you are aware of any
modifications. If you continue to use the Site after modifications are effective, you agree to the Content as
modified.

3. Site Content

Kafene does not promise that the site or any content, document, or feature of the site will be error-free or
uninterrupted, that any defects will be corrected, or that your use of the site will provide specific results. The
material in this site could include technical inaccuracies or typographical errors. The site and its content are
delivered on an "as-is" and "as-available" basis.

The Site and all intellectual property pertaining to or contained in the Site is protected by United States and
international copyright and trademark laws and other applicable intellectual property laws. The Site, as well
as any material made available for download, any content, files, code, documents, text, photographs, images,
audio, and video, and any materials accessed through or made available for use or download through the Site
(collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole
or in part, except for purposes authorized or approved, in writing, by Kafene. You are authorized solely to view
and retain a copy of the pages of the Site for your own personal, non-commercial use. You agree that you will
not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World
Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial
use without the express written consent of Kafene.

4. Use of the Site

The Site, and the products and services described on the Site, are intended for use by individuals who are at
least 18 years old. If you are under the age of 18, you should not be visiting the Site. You may view the Content
contained on the Site and print pages from the Site only for informational, non-commercial purposes. Any
unauthorized or illegal use of the Site or the Content is strictly prohibited. Kafene does not knowingly collect
personal information from any child under the age of eighteen (18) at this Site.
You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Asset
Control (“OFAC”). Which countries are under sanctions may be found on the United States Department of the
Treasury website. Any attempt to log on to the Site from such a country may result in your access being
restricted or terminated. Your use of the Site may be monitored, tracked and recorded. By using the Site, you
expressly consent to such monitoring, tracking and recording. Your use of the Site is personal to you. You
agree that you will not duplicate, reproduce, sell, resell, use or exploit the Content or the Site for any
commercial purpose.

You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Site or
any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere)
with the proper working of the Site. You agree that when using the site you will not misrepresent your identity
or impersonate any other person.

You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use
the Site in accordance with these Terms of Use. You understand and agree that your use of the Site is at your
own discretion and at your own risk. By using the Site you understand and agree that Kafene disclaims any
liability (whether based in contract, tort, negligence, strict liability, or otherwise) for any direct, indirect,
incidental, consequential, compensatory, punitive or legal (whether under statute, regulation or at common
law) damages that may arise out of your access or use of the Site or your reliance on the Content. This includes
any liability that may be associated with any viruses that may infect your computer equipment.

If Kafene provides you with a secure means of accessing a portion of the Site (such as a User ID and Password)
you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree
that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts
taken by the party to whom you provided the log-in credentials. You agree that you will immediately notify
Kafene of any unauthorized use of your log-in credentials or other breach of security known to you.

5. Digital Millennium Copyright Act

Kafene respects the intellectual property rights of others. All claims of copyright infringement should be
brought to our attention by notifying our agent by providing the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works
at a single on-line site are covered by a single notification, a representative list of such works at that
site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such
as an address, telephone number, and if available, an electronic mail address at which the complaining
party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Notices of the foregoing copyright issues should be sent as follows:

By Mail: Kafene, Inc. 18 East 50th Street, 6th Floor NY NY 10022

By E-Mail: help@kafene.com

Kafene will take appropriate action following receipt of the above information including removal of any
infringing material if necessary.

6. Site Security

You acknowledge and agree that Internet transmissions are never completely private or secure and that any
message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts
to protect such transmissions. In addition, as a condition of your use of this Site, you agree that you will not
take any action for the purpose of compromising security (e.g., accessing data not intended for you, invading
another’s privacy, password guessing programs, using cracking tools or network probing tools, or otherwise
interfering with the Site or Services) is strictly prohibited. If you become involved in any violation of system
security, we reserve the right to release your details to system administrators at other sites in order to assist
them in resolving security incidents.

7. Links to Other Sites

Kafene may establish on this Site links and pointers to websites that are operated and maintained by third
parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that
may be useful to you. However, the establishment of any link to a Third-Party Site is not a recommendation or
endorsement by Kafene of any products, services, information, goods, ideas or opinions that may be found on
any Third-Party Site.

Kafene makes no warranties, either express or implied, concerning the content of any Third-Party Site,
including the accuracy, completeness, reliability or suitability thereof for any particular purpose. Kafene does
not warrant that any Third-Party Site is free from any claims of copyright, trademark or other infringement.
Kafene does not warrant that any Third-Party Site is free from any viruses or other contamination.

You understand that Third Party Sites may have a privacy policy that is different from that of Kafene and that
Third-Party Sites may provide less security than this Site. The choice to access a Third-Party Site, or to purchase
or otherwise use any of the products or services advertised or provided on a Third Party Site is yours, in your
sole discretion.

8. Consent to Receive Direct Marketing Communications

By using this Site, you agree to receive direct marketing communications from Kafene via email. If you do not
wish to receive marketing email communications from us, you may express your choice where indicated on the
applicable email.

9. Potential for Disruptions in Service

You understand and agree that from time to time the Site may be unavailable, limited due to slow speed, or
otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Kafene and
despite of commercially reasonable processes and procedures implemented by Kafene to maintain the Site.
You also understand that, from time to time, the Site may be unavailable due to regular or other maintenance.
 10. Disclaimer of Warranties

Because of the possibility of human and mechanical error, as well as other factors, Kafene and its affiliates are
not responsible for any errors or omissions from the content made available on the site. You acknowledge that
neither Kafene, its affiliates nor any of their respective employees, agents, third party content providers or
licensors warrant that the products, services or content on the site will be uninterrupted or error free. All
content is provided “as is” to the user of the site, without express or implied warranties of any kind including
the warranties of merchantability, non-infringement of intellectual property, fitness for any particular purpose
or freedom from computer virus is given in conjunction with the content.

11. Limitation of Liability

Except where prohibited by law, neither Kafene, nor its directors, officers, employees, agents, contractors,
successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or
punitive damages, including lost profits, even if Kafene has been advised of the possibility of such damages.
Unless otherwise expressly set forth in a written agreement with you, Kafene’s maximum liability for all claims
arising out of or relating to this site, or its content, whether in contract, tort or otherwise shall be limited to
the amount you paid to access this site. Some jurisdictions do not allow limitations of liability, so the foregoing
limitation may not apply to you.

12. Indemnification

By using the Site, you agree to defend, indemnify, and hold harmless Kafene from and against any and all losses,
claims, damages, costs and expenses (including reasonable legal and accounting fees) that Kafene may become
obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of
Use. Kafene reserves the right to assume or participate, at your expense, in the investigation, settlement, and
defense of any such action or claim.

13. Severability and Waiver

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining
terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or
replaced with an enforceable term or provision that comes as close to the intention of the term or provision
deemed unenforceable.

Kafene does not waive any of its rights under these Terms of Use unless it is written and signed by a duly
authorized representative of Kafene. Any waiver of any breach of any provision of these Terms of Use shall
not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the
provision.

14. Law, Jurisdiction, Venue, One Year to File a Claim

This Site is located in the State of New York. These Terms of Use and the relationship between you and Kafene
shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. You
agree to the personal jurisdiction by, and venue in, the state and federal courts in New York, New York and you
agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising
out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be
filed within one year after such claim or cause of action arose or be forever barred.
 15. Termination

Kafene may terminate this Terms of Use or suspend or terminate your use of the Site without notice, at any
time. In the event we do so – we may notify you by email. All provisions of the Terms of Use which by their
nature should survive termination shall service termination, including, without limitation, all warranty
disclaimers, limitations of liability and dispute resolutions provisions.

16. Entire Agreement with Regard to Your Use of the Site, No Third Party Beneficiaries

These Terms of Use constitute the entire agreement between you and Kafene with regard to your use of the
Site, and any and all other written or oral agreements or understandings previously existing between you and
Kafene with respect to such use are hereby superseded and cancelled. This Agreement is between you and
Kafene. There are no third-party beneficiaries.

Revised 9/26/19