BY REGISTERING AND/OR USING THIS WEBSITE YOU HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE

AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS,INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.  THIS WEBSITE IS PROVIDED TO YOU“AS IS."  KOFYS, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS,CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR) ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR  PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO THEY GUARANTEE THAT  THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT ALL POSTINGS ON THE WEBSITE ARE BY OTHER MEMBERS OF THE SITE AND IT IS YOUR RESPONSIBILITY, AND NOT THAT OF KOFYS, LLC,

TO MAKE CONTACT WITH OTHER MEMBERS TO CONSUMATE ANY TRANSACTION.

YOU ACKNOWLEDGE AND AGREE THAT KOFYS, LLC RESERVES THE RIGHT IN ITS SOLE DISCRETION, WITHOUT NOTICE TO ANY MEMBER, TO CANCEL A MEMBER’S ACCOUNT.

YOU ACKNOWLEDGE AND AGREE THAT KOFYS, LCC DOES NOT AND WILL NOT sell your personal information to anyone, for any reason BUT FOR TO HELP YOU WITH THE SERVICES PROVIDED ON THIS WEBSITE.

YOU PERSONALLY, AND ANY ENTITY YOU ARE REPRESENTING IN THIS TRANSACTION (THE"INDEMNITORS"), HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS

KOFYS, LLC AND ITS MEMBERS, REPRESENTATIVES, MANAGERS, AGENTS AND EMPLOYEES (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, CLAIMS, LIENS, ENCUMBRANCES, OBLIGATIONS, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES OF ANY KIND WHATSOEVER,INCLUDING WITHOUT LIMITATION ATTORNEYS' AND OTHER PROFESSIONAL EXPENSES AND FEES, SUFFERED OR INCURRED BY, OR ASSERTED AGAINST THE INDEMNIFIED PARTIES, THAT RELATE TO, IN ANY WAY, IN WHOLE OR IN PART, THE INDEMNITORS' USE OF KOFYS, LLC'S PROPERTY AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ITS WEBSITE.

 

THE INDEMNITORS FURTHER HEREBY AGREE TO REMISE, RELEASE, AND FOREVER DISCHARGE THE INDEMNIFIED PARTIES FROM ANY AND ALL DEBTS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, ACCOUNTS, COVENANTS, CONTRACTS, AGREEMENTS, DAMAGES, AND ANY AND ALL CLAIMS, DEMANDS AND LIABILITY WHATSOEVER OF EVERY NAME AND NATURE, BOTH IN LAW AND IN EQUITY, THE INDEMNITORS NOW HAVE, OR EVER HAD, FROM THE BEGINNING OF THE WORLD TO FOREVER REGARDING THE INDEMNITORS' USE OF KOFYS, LLC'S PROPERTY AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ITS WEBSITE.

BY USING KOFYS, LLC'S PROPERTY AND SERVICES THE INDEMNITORS HEREBY AGREE TO THE FOLLOWING:

(I)                 TO CONSENT TO ALL LEGAL PROCEEDINGS BEING GOVERNED BY THE SUBSTANTIVE LAWS OF COMMONWEALTH OF MASSACHUSETTS;

(II)                TO  CONSENT TO THE JURISDICTION OF ANY FEDERAL OR STATE COURT LOCATED IN THE COMMONWEALTH OF MASSACHUSETTS;

(III)             TO WAIVE ANY OBJECTION BASED ON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, OR FORUM NON CONVENIENS;

(IV)             TO WAIVE OF ANY AND ALL RIGHTS TO A TRIAL BY JURY; AND

(V)               TO PAY ALL ATTORNEYS' FEES AND COSTS OF THE INDEMNIFIED PARTIES AND THEIR SUCCESSORS AND ASSIGNS, IN ENFORCING THE TERMS OF THIS AGREEMENT.

THE INDEMNITORS HEREBY AGREE THAT THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT OF THE PARTIES WITH RESPECT TO  THE SUBJECT MATTER HEREOF, AND SHALL SUPERSEDE AND REPLACE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER VERBAL OR IN WRITING WITH RESPECT TO THE SUBJECT MATTER HEREOF.  THE INDEMNITORS CONFIRM AND ACKNOWLEDGE THAT THERE ARE NO OTHER PROMISES, COVENANTS, UNDERSTANDINGS, AGREEMENTS, REPRESENTATIVES, OR WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS EXCEPT AS EXPRESSLY SET FORTH HEREIN.

THE INDEMNITORS AGREE THAT THESE TERMS AND CONDITIONS MAY NOT BE MODIFIED, TERMINATED, OR AMENDED IN ANY RESPECT, EXCEPT PURSUANT TO AN INSTRUMENT IN WRITING DULY EXECUTED BY ALL PARTIES.

IN THE EVENT THAT ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL BE ADJUDICATED TO BE VOID, ILLEGAL, INVALID, OR UNENFORCEABLE, THE REMAINING TERMS AND CONDITIONS SHALL NOT BE AFFECTED THEREBY, AND EACH OF SUCH REMAINING TERMS AND CONDITIONS SHALL BE VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

WHERE APPROPRIATE THE SINGULAR SHALL INCLUDE THE PLURAL AND THE MASCULINE SHALL INCLUDE THE FEMININE OR NEUTER, AND VICE VERSA, TO THE EXTENT NECESSARY TO GIVE THE TERMS DEFINED HEREIN AND/OR THE TERMS  OTHERWISE USED IN THESE TERMS AND CONDITIONS THE PROPER MEANINGS.

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