Legal

Terms & Conditions

Terms and Conditions for Kismet LLC – Compliance Management System for Affordable Housing in the USA

Effective Date: 05/18/2023

These Terms and Conditions (“Terms”) govern your use of the Kismet LLC website and compliance management system services (“Services”). By accessing or using our website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or Services.

  1. Use of Services

1.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Services. By accessing or using our Services, you represent and warrant that you meet these eligibility requirements.

1.2 Account Creation: In order to use certain features of our Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account.

1.3 Prohibited Conduct: You agree not to engage in any of the following prohibited activities while using our Services:

  • Violating any applicable laws, regulations, or third-party rights.
  • Impersonating any person or entity or falsely representing your affiliation with any person or entity.
  • Using our Services for any unauthorized or illegal purpose.
  • Interfering with or disrupting the integrity or performance of our Services.
  • Uploading or transmitting any viruses, worms, or malicious code.
  • Attempting to gain unauthorized access to our systems or networks.
  1. Intellectual Property

2.1 Ownership: All intellectual property rights in our website and Services, including but not limited to copyrights, trademarks, logos, and trade secrets, are owned by or licensed to Kismet LLC. You acknowledge and agree that you do not acquire any ownership rights by using our Services.

2.2 License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

  1. Disclaimer of Warranty

3.1 Our Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. We do not guarantee the accuracy, completeness, or reliability of any information or content provided through our Services.

3.2 We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that our Services will be error-free, uninterrupted, secure, or free from viruses or other harmful components.

  1. Limitation of Liability

4.1 To the maximum extent permitted by law, in no event shall Kismet LLC or its directors, officers, employees, or agents be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of our Services.

4.2 Our total liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the fees paid by you, if any, for the use of our Services during the six (6) months preceding the claim.

  1. Indemnification

5.1 You agree to indemnify and hold Kismet LLC and its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of our Services or your violation of these Terms.

  1. Termination

6.1 We may, at our sole discretion, suspend or terminate your access to our Services at any time, with or without cause and without prior notice. Upon termination, your right to use our Services will immediately cease.

  1. Governing Law and Jurisdiction

7.1 These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Michigan. Any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be exclusively brought in the state or federal courts located in Roscommon, Michigan, and you consent to the personal jurisdiction of such courts.

  1. Entire Agreement

8.1 These Terms constitute the entire agreement between you and Kismet LLC regarding the use of our Services and supersede any prior or contemporaneous agreements, communications, or representations, whether oral or written.

  1. Contact Us

9.1 If you have any questions or concerns regarding these Terms, please contact us at:

services@kismetcms.com

By using our website and Services, you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms, please do not use our website or Services.