Terms of Service

Terms of Service

Last Updated Date: February 19, 2024

Please read these terms and conditions carefully before using Our Service.

1. TERMS SERVICE FOR KWEKENCE MARKETPLACE PLATFORM

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS PLATFORM IF YOU (OR YOUR LEGAL GUARDIAN CONTRACTING ON YOUR BEHALF) (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE, OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KWEKENCE, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS PLATFORM'S CONTENTS, OR SERVICES BY APPLICABLE LAW. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.

2. INTERPRETATION AND DEFINITIONS

a. Interpretation The following interpretation of the terms listed below (the “Terms”) should be applied to Your use of the Platform. If any word is used that denotes gender it should be interpreted to include an individual of any gender. The words of which the initial letter is capitalized have the meaning ascribed to it under Section (b) below unless indicated otherwise. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural form. When words such as “You” or “Your” or similar pronouns are used they shall all mean any individual or legal entity accessing or using the Platform (defined below) on behalf of themselves or anyone else. When words such as “We”, “Our”, “Us” or similar pronouns are used, they shall in every instance refer to Kwekence, LLC, the entity operating this Platform. Headings in this document are for convenience purposes only and should not affect or be used to interpret any portion of the Agreement. In the event of any ambiguity, all words should be interpreted within the reasonable context, meaning and purpose of this Agreement. b. Definitions For the purposes of these Terms: Account means an online account that was created by You that is not shared with anyone else that is uniquely and exclusively Yours that You use to access Our Platform or aspects of Our Platform. Affiliate means an entity that controls, is controlled by or is under common control with a person, where "control" means the power to direct activities of a person (whether natural or corporate) that most significantly impact economic performance and potential to receive significant benefits or absorb significant losses. Agreement means these Terms when accepted in the manner set out herein. Company means Kwekence, LLC, 5000 Thayer Center Ste. C Oakland, Maryland 21550, and equally references to "We", "Us", or "Our" in this Agreement shall mean Kwekence, LLC, 5000 Thayer Center Ste. C Oakland, Maryland 21550 and its affiliates, agents, successors, assigns, subsidiaries, officers, directors, and employees. Client means any User who seeks and obtains Mentorship Services through a contract with a Service Provider. Content means content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You on the Platform, regardless of the nomenclature, type, and/or form of such content. Device means any device that may be used to access the Platform and Order the Service such as a computer, a cellphone or a digital tablet or any other device (regardless of nomenclature or type). Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service. Kwekence means the Platform (defined below). Mentor means any person who uses the Platform to advertise and offer their services as a Service Provider of Mentorship Services. Mentorship Services means any instructional, scaffolding, educational and or coaching services provided to a mentee for a fee in a specific field of study or subject area for their own personal or professional development. Mentorship Services does not include the provision of legal counsel, medical advice, or any other professional assistance whose professional and ethical responsibilities might conflict with these Terms.
Mentorship Session means a session of Mentorship Services offered to a Client after a Client Order and acceptance by such Order by the Service Provider. Orders means any request by a Client to purchase Mentorship Services from a Mentor. Platform means the Platform comprising Kwekence website and/or application hosting an online marketplace for Mentorship Services which may be found at www.kwekence.com. Third-Party Account has the meaning given to it in Section 9 of these Terms. Third-Party Account Provider has the meaning given to it in Section 9 of these Terms. Users means any Mentorship Service Provider, Client, visitor, and any other person who accesses and uses the Platform in any way.

3. ACKNOWLEDGMENT

These Terms set out the rules, requirements, and procedures that must be followed by Users. If Users who access the Platform are unwilling or unable for any reason to abide by the rules as detailed herein, they should cease using this Platform. This Agreement incorporates by reference Our Privacy Policy, Refund and Cancellation Policy and Code of Conduct. Use of the Platform is conditioned upon acceptance of these Terms, the Privacy Policy, The Refund and Cancellation Policy and the Code of Conduct. Our Privacy Policy describes Our approach to and procedures as it relates to the collection, use and disclosure of Your personal information when You use the Platform and informs You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Our Cookies Policy, which is found in Our Privacy Policy, explains how the Platform uses Cookies and similar analytical devices to improve Our services. BY ACCESSING THE PLATFORM, USERS (WHETHER THEY BE VISITORS, MENTORS, OR MENTEES) ACKNOWLEDGE THAT THEY AGREE AND WILL ABIDE BY THESE AND THE AFOREMENTIONED TERMS.

3. ABOUT THE SERVICE

The Platform is an online marketplace that facilitates and procures the sale of Mentorship Services to potential Clients. Service Providers may use the Platform to register as Mentors. Once registered, the Platform allows Service Providers to create a profile and post a mentorship experience that highlights relevant information including, but not limited to: Expertise, experience, name, location, and the details of their Mentorship Session. Upon registering, Clients are able to requests and schedule Mentorship Services from Service Providers, who they receive services from directly. Unregistered Users can search the listing of service providers and browse the Content of the Platform, however they can only contact and order services from Service Providers upon registration. Kwekence serves Clients by providing them with a quick, efficient, and centralized location to engage with and obtain services from Service Providers. In addition, Kwekence affords Clients the ability to review Service Providers and benefit from reviews that other Users have completed about them. In addition, Kwekence ensures that all Service Providers complete an identification verification. The Platform serves Service Providers by facilitating billing transactions between Service Providers and Clients, providing communication services between Service Providers and Clients, and providing a centralized and efficient method to showcase their services to the public (a “Listing”). The Platform does not provide Mentorship Services. Service Providers provide their own professional Mentorship Services directly to Clients and agreements about what those services include are determined by negotiations and arrangements made between the Client and Service Provider. Kwekence has no role in determining how, when or with what resources Service Providers perform their service. Mentorship Services are provided by Service Providers and the services that Service Providers provide are distinct, separate, and apart from the service provided by Kwekence. We do not hire, guarantee, warrant, endorse, or employ the services of Service Providers in any regard. As a result, Service Providers do not have the authority to act as agents of the Platform in any respect and have no authority to engage in any contractual agreements on behalf of the Platform. Service Providers are independent contractors and We are not liable for any interactions between Service Providers and Clients or any other Third Party.

4. OBLIGATION OF SERVICE PROVIDRS AND RELATIONSHIP BETWEEN SERVICE PROVIDERS, COMPANY AND CLIENTS

Kwekence is a Platform that provides Clients the opportunity to obtain Mentorship Services from Service Providers. The Platform serves Clients by providing them a quick, efficient and centralized location to engage with and obtain services from Service Providers. The Platform serves Service Providers by facilitating their billing transactions, providing them communication services, marketing their services, and providing them with a centralized and efficient forum to showcase their service to the public. CLIENTS AND SERVICE PROVIDERS ACKNOWLEDGE THAT SERVICE PROVIDERS OPERATE AND PROVIDE A SERVICE THAT IS DISTINCT FROM THE SERVICE PROVIDED BY THE PLATFORM. The Platform facilitates the entry into contract between Client and Service Provider for the provision of offered Mentorship Services by the Service Provider to potential Client, by placing an Order through the Platform and acceptance of such Order by the Service Provider a contract is formed. Such contract of service is deemed to be concluded by the Service Provider and Client. While Kwekence may be privy to information about the Mentorship Services contract between Client and Service Provider for purposes of billing and charging for its facilitation and contract procurement services, Kwekence shall not be deemed in any way shape or form a party to such contract nor shall it be liable for the delivery of the Mentorship Services or the quality of their delivery. Clients, Users, Service Providers agree that Kwekence disclaims all liability to the fullest extent permitted under applicable law arising out of the delivery or performance of services by the Service Provider. Service Providers authorizes the Platform, through its third-party payment processor, to report all required earnings, personal and financial information to the Internal Revenue Service or any other tax collecting authority to the extent required by law. As individuals or entities that provide business services that are distinct and apart from Kwekence, Service Providers acknowledge that they are not entitled to any healthcare, pension, unemployment or any other related benefit or perk.
Service Providers acknowledge that in order to use Kwekence, they must be at least 18 years old (or the age of majority in your country). In addition, to use this Service, Service Providers must provide their full legal name, picture, email address, required listing information, listing description, and all information required by Stripe for onboarding. Kwekence does not require Clients to complete a background check prior to creating a profile on the Platform. However, Service Providers are encouraged to obtain a criminal background check of a Client before scheduling a Mentorship Session if they are concerned about their safety. Service Providers who would like to verify the background of a Client are encouraged to independently purchase a background check from an independent third party.
Service Providers are encouraged to complete and provide an updated criminal background check of themselves to Clients upon request. The criminal background check report should be recent and reflect all current and relevant developments in the mentors life. Service Providers acknowledge that Kwekence shall not be financially responsible for Service Providers obtaining criminal background checks. Service Providers acknowledge that Kwekence shall not be financially responsible for Service Providers obtaining background checks on Clients. Other ways to address in person session safety concerns include, but is not limited to, requesting that your clients provide you a list of references and past reviews before accepting their mentorship request. In addition, Service Providers are encouraged to schedule any and all in person Mentorship Sessions in a public place. Service Providers acknowledge that Kwekence, its Affiliates, agents, successors, assigns, subsidiaries, and their officers, directors, or employees shall not be held liable and shall indemnify Us from as it relates to any claims, losses, damages, cost expenses or liabilities associated with a Service Providers selection of a Client, a Mentorship Session experience or any occurrence derived from these Services. Service Providers also acknowledges that Kwekence has no obligation to market or advertise their Services to the public or to recruit Clients to purchase their Service. Service Providers have the autonomy and are free to exercise the right to share their profile and listing with their immediate network of family and friends and the public at large.
Service Providers agree that Kwekence reserves the right to exercise its sole discretion in determining the suitability, appropriateness and qualification of a Service Provider to serve as a Mentor on the Platform and may revoke such privileges at any time for violating these Terms.

5. USERS’ OBLIGATIONS AND RELATIONSHIP WITH PLATFORM

As a User of the Platform, You acknowledge that these Terms will not and shall not, as it relates to any relevant federal, state or local law, be construed to create any partnerships, joint venture, agency, employer-employee, franchisee-franchisor, contractor, or related relationship between the Platform and a Service Provider. Service Providers are Independent Contractors. Service Providers acknowledge that they are responsible for ensuring that they are in compliance with all applicable licensing, tax and insurance requirements and obligations when providing Mentorship Services either in person or remotely and acknowledge that they shall use this Platform only for legal and ethical purposes. Users acknowledge that they shall use the Platform for the sole purpose of offering Mentorship Services to Clients. In that regard, Service Providers acknowledge that they shall use the Platform only for legal and ethical purposes. To use Kwekence, Service Providers must provide their full name, picture, email address, required listing information, listing description, and all information required by Stripe (or any other similar identity vetting agent) for onboarding. Kwekence does not require Clients to complete a background check prior to creating a profile on the Platform. However, each of Service Provider and Client are encouraged to obtain a criminal background check of the other party before scheduling a Mentorship Session if they are concerned about their safety. Other ways to address in-person Mentorship Session safety concerns include, but is not limited to, requesting that a person (whether Service Provider or Client) provide the other with a list of references and past reviews before placing the Order or accepting it (as the case may be). In addition, Users are encouraged to schedule any and all in-person Mentorship Sessions in a public place. Users who would like to verify the background of other Users with whom they expect to enter into a contract for Mentorship Services (as the case may be) are encouraged to independently purchase a background check from an independent third party. Users acknowledge that Kwekence shall not be responsible (financially or otherwise) for obtaining or the results of background checks. Users also acknowledge that Kwekence, its Affiliates, agents, direct or indirect successors and/or assigns, subsidiaries, and their officers, directors, or employees (regardless of nomenclature or type) shall not be held liable for any losses, damages, claims, cost expenses or liabilities (or any type whatsoever to the fullest extent allowable by applicable law) associated with a User’s selection of a Clients or a Mentorship Session experience.Service Providers are encouraged to fairly disclose their criminal history (and any rehabilitation thereof) and complete and provide an updated criminal background check of themselves to Clients upon request. The criminal background check report should be recent and reflect any relevant developments reasonably expected by Clients.

6. CONFIDENTIALITY

Users acknowledge that during the course of a Mentorship Session and relationship, confidential information may be disclosed. Where applicable, Users acknowledge that they will maintain the confidentiality of all information disclosed to them as long as doing so complies with applicable law. Confidential information is defined as information that is either explicitly identified as being confidential or information that should reasonably be deemed confidential among the parties. Users agree to keep Confidential Information in confidence and shall not disclose them to a third party except to those who have a professional, employment, and/or contractual obligation to keep Confidential Information confidential to the same extent as Users reasonably expect them to do and without disclaiming User’s liability thereof. Users acknowledge that Kwekence shall not be held liable for any breach of confidentiality between Client and Service Provider. Parties acknowledge that this provision shall survive the termination of this Agreement.

7. THE ISSUE OF CIRCUMVENTION

You acknowledge that the Platform provides a marketplace for Clients to order Mentorship Services from Service Providers. To ensure that the Platform is able to provide a marketplace for Service Providers and Clients to engage each other, the Platform charges fees that are associated with each accepted Order. You acknowledge that you will neither avoid, evade, or encourage others to avoid or evade the Platform’s fees. You acknowledge that if you are informed of any other Client or Service Provider avoiding or evading or attempting to avoid or evade or attempting to encourage others to fraudulently avoid or evade Platform fees that you will report such activity to the Platform. You acknowledge that avoiding or evading or attempting to avoid or evade or attempting to encourage others to avoid or evade Platform fees cause the Company irreparable harm and damages may be applied beyond charging You for the avoided fees. In addition, further sanctions may be instituted by the Company, on those who evade or avoid or encourage evading or avoiding in any manner whatsoever, and such sanctions may include terminations of Service Providers’ Accounts in addition to banning them for using Our Services and any other damages allowable under applicable law. You also acknowledge that You will exclusively use the Platforms’ messaging system when conducting correspondence between Users.

8. DEFAULT OF PAYMENT OF FEES

Mentees have an obligation to pay Platform and Service Provider fees in full. In the event, for any reason whatsoever, a mentee fails to pay the fee in full, the Platform may exercise its rights under Section 24 of this Agreement. In addition, the Clients acknowledge that the Platform has the right to report any default of debt owed to it to the appropriate credit bureau agencies and relevant authorities. Service providers acknowledge that the Platform shall not be held liable for any default of payment by Clients and is not obligated to pursue or recoup payment from the Client on their behalf in the event of default. The Service Provider also acknowledges that in the event the Client violates the terms of this Agreement and initiates a chargeback request, payment - otherwise owed to the Service Provider, may be refunded to the Client. In such case, you acknowledge that the Platform shall not be held liable for any Client default or Client-initiated chargebacks that adversely affect you. To the extent applicable by law and to the extent that doing so does not contradict with the terms of this Agreement, Service Providers have the autonomy to further detail within their own service agreement additional remedies to be pursued in the event of Client default or Client-initiated chargebacks. In the event the Platform is able to successfully recoup defaulted fees or fees refunded in violation of this provision, the Platform will make every reasonable effort to ensure that those funds are distributed to the Service Provider.

9. PLACING ORDERS FOR SERVICES

The Platform will provide You with steps to place an Order. By placing an Order for Services through the Platform, You warrant that You are legally capable of entering into binding contracts with Service Providers. By placing an Order for Services through the Platform, You acknowledge that You understand that each Service Provider functions independently and provides Mentorship Services that are distinct from the facilitation and procurement services provided by the Platform. You also acknowledge that Service Providers possess the autonomy and discretion to determine the price of their Mentorship Services and to accept or deny, at will, any Order or request for Mentorship Services made by a Client so long as their decision to do so complies with applicable law and their agreements do not contradict these Terms or affix any additional fees other than the hourly rate posted and advertised on the Platform. Mentors and Clients agree to promptly disclose, when requested, all details relating to Orders placed on the Platform. a. Client Registration and Information To use this Platform, Clients must register by providing their full legal name and email. Clients who choose to register using a Third-Party Account (Third-Party Account) such as Google, Facebook, LinkedIn (or any other Third-Party Account and provider offered by the Platform for log in purposes) (Third-Party Account Provider) may be required to share with us certain credentials or information that affords them the ability to access the Platform using their Third-Party Account. You hereby agree and affirm that you grant Us permission to access and store this data. However, you also affirm and acknowledge that regardless of Your use of third-party Accounts to access or register your Account on this Platform, Your Third-Party Account is governed exclusively by Your agreement with the Third-Party Account Provider. If You wish to place an Order for services available on the Platform, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete. Your Account information must be accurate. Your Account may not be shared or transferred to anyone else. By submitting Account information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. The Platform shall monitor Client compliance with the registration requirements and reserves the right to terminate or suspend Mentorship to any Client Account that violate these Terms. b. Service Provider Registration and Information A User is eligible to use this Platform as a Service Provider if they are at least 18 years of age (or the age of majority in your country) and qualified as a result of their academic, social, professional, cultural or related experiences that relate to the Mentorship Services they seek to offer on the Platform. To use this Platform, Service Providers must provide at least the following information: Service Provider full legal name, email address, subject of Mentorship Service, service modality, qualifications, Stripe (or, where applicable other similar providers’) banking information, background check notification, and a photograph. An exception to the name requirement is made for those who are conducting business in their company name. An exception to the photo requirement is made for those who choose not to due to privacy, moral or religious concerns. These requirements are in place for the sole purpose of ensuring a climate of transparency in our learning community between Clients and Mentors. If Clients know that you're a real person they're more likely to engage you and purchase your services. Your Account information must be accurate. Your Account may not be shared or transferred to anyone else. By submitting Account information, You grant Us the right to provide the information to Stripe a third party payment processor (or other similar providers), for purposes of facilitating the completion of Your payment. Service Providers who choose to register using a Third-Party Account by a Third-Party Account Provider may be required to share with us certain credentials or information that affords them the ability to access the Platform using their third-party Account. You hereby agree and affirm that you grant us permission to access and store this data. However, You also affirm and acknowledge that regardless of Your use of Third-Party Accounts to access or register your Account on this Platform, Your Third-Party Account is governed exclusively by the your agreement with the Third Party Account Provider. The Platform shall monitor Service Providers’ compliance with the registration requirements and reserves the right to terminate or suspend Mentorship Service Post or Service Provider Accounts that violate these Terms or for any other reason that reasonably impedes or frustrates the operation of the Platform and its Users.

c. Order Cancellation We reserve the right to refuse or cancel Your Order at any time for reasons including but not limited to:We reserve the right to refuse or cancel Your Order at any time for reasons including but not limited to: i. The occurrence of a natural or man-made disaster that impedes the Service Providers ability from fulfilling your Order. ii. Technical or Platform Issues iii. Suspicion of fraud or scam iv. Violation of the Term and Conditions v. Payment issues vi. Legal or Regulatory Compliance vii. Our absolute discretion (acting reasonably)

d. Order Dispute Resolution Process, Refund, and Cancellation Rights You acknowledge that the Platforms’ Refund and Cancellation Policy as expressed below, and as permitted by relevant law, shall govern: i. As a Client, Your right to receive a full refund upon your cancellation of a service applies if you cancel at least 24 hours before the start of your Mentorship Session. Cancellations should occur at least 24 hours before the start of a Mentorship Session to accommodate Mentors who have commenced performance by initiating appropriate preparation for your session. Cancellations that occur within the 24-hour window before the start of your Mentorship Session do not qualify for a refund. Clients are required to provide Service Providers with a 15-minute grace period before determining that the Service Provider has cancelled, either voluntarily or involuntarily, a Mentorship Session. If the Service Provider fails to show up during that window, Clients shall be entitled to a full refund. In such case, the Client is required to report to the Platform the Service Providers absence immediately which means before departing or ending the Mentorship Session. ii. As a Service Provider, you have the right to cancel a Mentorship Service at any time for reasons including, but not limited to, unexpected or extenuating circumstances, Client violation of the Platform’s Terms, unrealistic Client expectations, safety concerns, natural or man-made disasters, technological challenges, and or ethical issues. Service Providers should make every effort to inform Clients of cancellations in advance. iii. If a service provider cancels a session or is unable to complete a session and the cause of either is not the client, the client is entitled to a full refund. However, as an alternative to a full refund, clients and service providers are free to arrange an alternate time for a substitute session in the event the original session is unable to be completed. Service Providers shall grant Client a 15-minute grace period to appear for a session before determining that Client has cancelled. Time missed because of tardiness on the part of the Client shall be forfeited and shall not qualify for a refund. iv. If, as a Client, a Mentorship Session has been grossly misrepresented to the extent that the Mentor failed to provide the service agreed to, You shall qualify for a full refund. Refunds are not provided to Clients when Mentors provide the service they advertised, but Clients remain otherwise dissatisfied. In that case, Clients are encouraged to express their disapproval through the Mentor review process. Cancellations and requests for refunds initiated by Clients due to extenuating circumstances shall be granted on a case-by-case basis. v. In the event, as a Client, Your cancellation complies with these Terms, We will refund Your payment. A refund of payment shall occur within 14 days from the day on which the cancellation request is approved. We will use the same means of payment as You used for the Order, and You will not incur any fees for the refund. vi. Under all circumstances, the Client must submit a request for a refund to the Platform no later than 24 hours after the conclusion of the booking. vii. Oftentimes alternative arrangements can be made by Parties to resolve cancellation and refund disputes. Clients and Service Providers should first start the cancellation and refund process by first contacting each other. viii. If the Service Provider and the Client are unable to resolve the matter, both agree to allow the Platform to resolve the cancellation and refund issue and both agree to abide by the Platform’s decision.

e. Availability, Errors, and Inaccuracies We are constantly updating the offering of Mentorship Services by Service Providers registered on the Platform. The Mentorship Services available on Our Platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Mentorship Services on the Platform and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

f. Price and Billing Policy Since the function of this Platform is to provide Service Providers and Clients a marketplace through which to engage each other for the procurement of Mentorship Services, You acknowledge that Service Providers on this Platform have autonomy to determine the price of the services they offer. However, all services must adhere to the minimum price requirements for the Platform which is $25.00 per hour. The price of services shall be denominated at the rate of a dollar amount per hour. Company imposes a 10% commission fee on Service Providers’ for each Mentorship Session. Company further imposes 10% service fee on Client for each Mentorship Session. In the event either fee amounts to less than $0.50, Company shall assess a minimum $0.50 commission and service fee on each Service Provider and Client, respectively. The Platform reserves the right to revise its service fee and commission rate at any time. As a Service Provider, You acknowledge that You must ensure that the quoted and advertised per hour Mentorship Session fee reflects the actual and total cost of the Mentorship Services provided for each Mentorship Session service provided. Outside of the hourly rate posted and advertised, no additional fees shall be imposed by the Service Provider. Therefore, all ancillary expenses associated with the session that Service Provider desire to charge should be incorporated into and reflected in Service Providers hourly rate. Violators of this policy risk having their Account suspended or deactivated (among other sanctions) by the Company at any time.

g. Payment and disbursement to Service Providers Payments will be processed through Stripe, Our third- party payment processor. As a result, payments can be made using various payment methods including, but not limited to, Visa, MasterCard, Affinity Card, and American Express cards. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. The Platform uses a third-party provider to process all Clients payments. Service Providers that accurately input their banking information for deposit purposes shall receive their full disbursements, minus Platform’s commission fees, between 7-10 days after their Mentorship Session has been marked complete. Although the Platform will make every effort to ensure that payment to Service Providers are disbursed within the above timeline, You acknowledge that the Platform shall not be liable for any delay in disbursement outside of its control.

10. CHARGEBACKS

Mentees acknowledge that in the event of a dispute over the quality, measure, degree, or effect of service rendered by the Service Provider, mentees will first attempt to resolve the matter using the order dispute resolution process detailed above in section 9 and section 23. To the extent permitted by law, Mentees further acknowledges that in the event there is a dispute about the quality, measure, degree, or effect of service rendered to them by the Service Provider, they will not contact their financial institution to institute a chargeback or to request a refund for the allotment of any fees agreed to. Client acknowledges that the Platform has the right to preemptively suspend or revoke access to Platform use to prevent a Client-initiated chargeback request or as a consequence of one.

11. USER ACCOUNTS

Your Account is for your use only. Your Account may not be transferred or assigned to anyone else without the consent and authorization in written form of Company.

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result (among others) in immediate termination of Your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Account Provider.

You are responsible for all conduct and actions that take place under your Account. Kwekence shall not be held liable for any actions or conduct that take place under your Account as a result of your efforts or lack thereof to avoid unauthorized access to your Account.

In the event your Account has been compromised or accessed by someone without Your authorization, You agree to promptly notify Kwekence.

As a User You agree to provide complete, up to date and accurate information about yourself during the signup and onboarding process. Failure to provide information consistent with your true identity, constitutes a breach of these Terms and may result in the Users Account being terminated.

12. USER CONTENT

a. Content Restrictions The Company is not responsible for the Content of the Service's Users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your Account, whether done so by You or any third person using Your Account. You may not transmit any Content that isunlawful, offensive, intended to disgust, threatening, libelous, defamatory, obscene, misleading, fraudulent, violent, pornographic, bigoted or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: i. Unlawful or promoting unlawful activity. ii. Defamatory, discriminatory, or mean-spirited Content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. iii. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. iv. Containing or installing any viruses, worms, malware, trojan horses, or other Content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person. v. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. vi. Impersonating any person or entity including the Company and its employees or representatives. vii. Violating the privacy of any third person. viii. False information. ix. Racist and or discriminatory Company reserves the right to, but not the obligation to, in its sole discretion, determine whether any Content posted by You is appropriate and complies with these Terms, and limit it or remove it from the Platform. The Company further reserves the right to make formatting changes and edits to User Content. The Company can also limit or revoke Your use of the Service if You post the objectionable Content. As Company cannot control all Content posted by Users and/or third parties on the Platform at all times, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, harmful, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of Platform and the Content posted on it.

b. User Rights as it Relates to User Content As a User of this Platform You represent, warrant and agree that by submitting, posting, or contributing Content to this Platform through text, audio, video or any other medium(regardless of nomenclature or type), You you grant Kwekence a worldwide, royalty free, non-exclusive, sublicensable, perpetual, irrevocable, transferable license to use, modify, reproduce, republish or publish, copy, store, edit, adapt, display, distribute, perform, and make derivative works of all Content by User, in whole or in part, and in any form, whether now known or hereafter developed for use in connection with Kwekence and its Affiliates, successors and its Affiliate business for all business purposes related to the mission, aim and function of the Platform without regard to attribution or moral rights. In that regard, Service Providers agree that We reserve the right to use the Content of your listing, profile, picture and any other Content you provide Us for public consumption for marketing and advertising purposes. Users may contact Us at support@kwekence.com to opt out of being included in any marketing campaign.
As a User of this site You represent, warrant, and agree that the Content that you upload to this site is true and in accordance with applicable law. You also acknowledge and agree that You are not entitled to receive any compensation for any Content Users submissions on the site as it relates to the use, listing, reproduction, distribution, and display of Your Content as permitted through the functionality of the Platform and otherwise and under the terms of this Agreement. You acknowledge and warrant that You own the rights of all Content you contribute to the Platform that you license to Us and that Kwekence reserves the right to remove any Content it deems inappropriate, demeaning, obscene, fraudulent or otherwise inconsistent with the purpose and mission of the Platform. You also acknowledge that Kwekence shall not be held liable for any Content deleted as a result of Platform error.

c. Feedback You assign to Kwekence all rights, title, and interest in any Feedback You provide to Kwekence without any obligation to receive compensation from Kwekence. If for any reason such assignment is ineffective, you agree to grant the Kwekence a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction and without any obligation to receive compensation from Kwekence.

d. Content Backups Although regular backups of Content are performed, Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. You acknowledge that Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service and that We have no obligation to maintain the existence or store your Content.

e. Post Content Approval Process All mentorship listings may be reviewed by the Company before being posted to the Platform. Listings may be reviewed to assess their compliance with Platform Content restrictions, authenticity, listing requirements, category fit and grammatical errors. Prior to the approval of any mentorship post, Mentors may be required to pass a verification process. Based on the results of that verification process, the Mentor might be required to provide additional information to verify their identity, credentials, and fitness to serve as a Mentor on the Platform. In the event a posting is rejected for failing, in the Platform’s view, to adhere to the aforementioned requirements, The Platform reserves the right, at Our sole discretion, to reject, delete or remove the listing. Approved post will continue to be monitored for compliance. Any post by a Service Provider should include, without prejudice to any requirements for registration otherwise provided herein, a detailed description of services, a picture, and the full legal name of the Mentor. An exception to the name requirement is made for those who are conducting business in their company name. An exception to the photo requirement is made for those who choose not to provide a photograph due to privacy, moral, religious or other extenuating concerns. Any Service Provider post that fails to meet the professional and quality standards detailed herein might be removed and Account subject to suspension or deactivation. Although the Platform shall make a reasonable effort to ensure that all post comply with the standards detailed herein, the Company makes no warranties and nor provides any representations about the suitability or fitness of Mentors or the effectiveness and or accuracy or reliability of any of the results of the verification process. The Platform shall not be held liable for any Content, conduct or quality of service provided by approved Service Providers. USERS OF THE PLATFORM USE IT AT THEIR OWN RISK.

13. CODE OF CONDUCT

Users agree to adhere to the Platforms Code of Conduct at all times. The Code of Conduct can be found here.

14. USER PASSWORDS AND SECURITY

As a User, You agree to take appropriate steps to ensure the integrity and security of Your Account. Appropriate steps include but are not limited to formulating unique passwords designed to protect Your Account. Users also agree to take appropriate steps to secure passwords used to access their Accounts. In the event that a third-party gains unauthorized access to the User’s Account as a result of conduct or omissions by the User, Kwekence shall not be responsible.

15. DATA PROTECTION AND PRIVACY

Kwekence is committed to protecting and respecting User privacy and information in a manner that is consistent with law. By using Our Services you are expressing Your consent to the terms of our Privacy Policy. Our Privacy Policy details how your information is collected, used and disclosed to others. Before using Our Services, please carefully and fully read Our Privacy Policy.

16. INDEMNIFICATION

As a User of this site You agree to hold harmless and indemnify Kwekence, its Affiliates, agents, direct and indirect successors, and assigns, subsidiaries, and their officers, directors, employees, and indemnities (collectively, the “Indemnified Parties”) from all claims, liabilities, causes of action, demands, and investigations of whatever kind and against any and all losses, cost, damages, or expenses derived from, related to or associated with them includes Your obligation to reimburse the Indemnified Parties in advance for attorney fees associated with any of the above claims, and the costs of enforcing any right to indemnification under this Agreement incurred by the Indemnified Parties in connection with any claim arising out of or relating to Your Content, negligent and inappropriate conduct, conduct in general or any violation of these Terms and applicable law or Your actions or omissions either on or off this Platform as it relates to the services offered by this Platform or in connection with any material breach of this Agreement by You, or in connection with the Content or accuracy of the representation, warranty, acknowledgements or covenants made by You in this Agreement or on this site or any infringement of intellectual property by You or the result of Your use of any third party sites and or links or the result or outcome of any contractual arrangements made by You through this site or any other sites linked to this site. As a User of this Platform, You agree that You will cooperate fully and in every respect with Kwekence as it relates to the defense of any of the above actions. You also agree that Kwekence reserves the right, but not the obligation, to assume complete strategic control and authority over the defense of any matter otherwise subject to indemnification by You. You also acknowledge the outcome of all related negotiations for settlement will be determined and settled only and with the exclusive consent of Kwekence.

17. INTELLECTUAL PROPERTY

a. The Platforms Intellectual Property The Platform and its original Content (excluding Content provided by You or other Users), features and functionality are and will remain the exclusive property of the Company and its licensors. Users are granted a non-transferable, limited, non-exclusive, royalty free and revocable license to use Content for non-commercial purposes. You may not reproduce, copy, modify, make derivative works, or otherwise surreptitiously and illegitimately use and represent as Your own any original Content found on the Platform unless You have been provided a license to do so. The Platform is protected by the intellectual property laws of the United States. As a result, Users are prohibited from reproducing or copying any Content from the Platform without prior authorization from the Platform. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

b. Intellectual Property Infringement We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, You must submit Your notice in writing to the attention of Our copyright agent via email at info@kwekence.com and include in Your notice a detailed description of the alleged infringement. The Platform reserves the right to remove any Content that infringes on the Copyright of any creator. If a User continues to post Content that infringes on upon the Copyright of a creator after being notified of an initial violation, the Platform reserves the right to terminate the Users Account. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

c. DMCA Notice and DMCA Procedure for Copyright Infringement Claims You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest. ii. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work. iii. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located. iv. Your address, telephone number, and email address. v. 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. vi. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. vii. You can contact Our copyright agent via email at info@kwekence.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged Content from the Service.

18. LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party web sites or services. In addition, You acknowledge that the existence of links to third-party websites or services on Our Platform that are not owned or controlled by the Company does not in any way suggest or imply an endorsement of the Content associated with the link. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such web sites or services. Users acknowledge that they access these links at their own risk. You may not place a link to any third-party web site or service that violates any of the posting restrictions detailed in these Terms. In the event that you post a link that violates these Terms, You acknowledge that the Company has the unilateral right to remove, modify, suspend, terminate, or otherwise penalize Your Account.

We strongly encourage You to report to Us any third-party content found on Our website that violates these Terms. In addition, We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

19. TERMINATION

You have the right to terminate Your Account at any time. Service Providers who voluntarily terminate their Account prior to fulfilling their scheduled mentorship obligations shall forfeit any compensation do. Mentees who voluntarily terminate their Account prior to their scheduled session without cancelling with their Mentor shall forfeit any payment previously scheduled and due to a Mentor. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including but not limited to: Violation of any of the provisions of these Terms, harassing or threatening behavior, improper conduct that is inconsistent with the mission of this Platform and Terms either on or outside of the Platform, improper use of the Platform, Evasion of fees, or the criminal conviction for a felony or misdemeanor related to the abuse of a child or for any other reason that reasonably impedes or frustrates the operation of the Platform and its Users. Upon termination, Your right to use the Service will cease immediately. In the event a suspension or termination of an Account occurs, a User shall have the ability to appeal the Platforms decision by providing additional information. In cases of Platform initiated termination, Service Providers shall forfeit any right to compensation for services yet to be completed and mentee shall forfeit any right to refund of payment if services are terminated within the 24 hour window of the Mentorship Session. If You wish to terminate Your Account, You may simply contact Us at support@kwekence.com

20. LIMITATION OF LIABILITY

THE PURPOSE OF THIS PLATFORM IS TO PROVIDE A MARKETPLACE FOR CLIENTS TO ENGAGE AND CONNECT WITH SERVICE PROVIDERS, OFFERING MENTORSHIP SERVICES FOR A FEE. THE FUNCTION OF THE PLATFORM IS TO SERVE SOLELY AS A MARKETPLACE INTERMEDIARY BETWEEN MENTORS AND CLIENTS AS THEY CONDUCT BUSINESS AND ENGAGE IN TRANSACTIONS BETWEEN EACH OTHER. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT PARTY TO ANY AGREEMENT OR TRANSACTION BETWEEN SERVICE PROVIDERS AND CLIENTS. THE COMPANY IS NOT A SERVICE PROVIDER AND DOES NOT PROVIDE MENTORSHIP SERVICES TO CLIENTS. AS A RESULT, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE FOR AND SHALL NOT BE HELD LIABLE FOR THE QUALITY, SUITABILITY, OR INTEGRITY OF THE SERVICE PROVIDED BY SERVICE PROVIDERS. CONSEQUENTLY, YOU ALSO ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY INAPPROPRIATE CONDUCT, NEGLIGENCE, OMISSION, MISCONDUCT, INJURY, DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR AFFILIATION OR INTERACTION WITH SERVICE PROVIDERS EITHER BEFORE, DURING, OR AFTER THE PERFORMANCE OF THE SERVICE HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS APPLY REGARDLESS OF THE LEGAL OR EQUITABLE THEORY PURSUED AND WHETHER SUCH DAMAGES COULD BE ANTICIPATED OR WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO AN AMOUNT NOT ABOVE 100.00. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES DOES NOT APPLY AS IT RELATES TO PURPOSES OF JURISDICTION, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

21. RELEASE

You hereby agree to release Kwekence, its Affiliates, agents, successors, assigns, subsidiaries, and their officers, directors, or employees from any any claims, losses, damages, injury, death, cost, expenses or liabilities associated with or derived from, either directly or indirectly, Your use of this Service and its Users. with a Service Providers selection of a Client, a Mentorship Session experience or any occurrence derived from these Services. If You are a California resident, You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

22. GENERAL DISCLAIMER

We disclaim all liability for the accuracy, reliability, suitability and completeness of any mentorship listing posted on the Platform. We disclaim all liability and assume no responsibility for the conduct of either a Service Provider, Mentee or any other registered or unregistered User of the Platform either in person or virtually. Users are not required to complete a criminal background check and We have not inquired into their criminal background. We disclaim all liability and assume no responsibility for either conducting a User criminal background check and/or for not conducting one. Moreover, in the event that a criminal background or similar screening, which We reserve the right to conduct using a third party provider, We disclaim all liability and assume no responsibility for its accuracy.
We shall not be held liable, and We assume no responsibility for any loss of Your data or the illegal seizure of Your personal information by bad actors and any resulting loss, harm or damage that flows from those actions. We shall not assume any responsibility and We disclaim any liability for the use of this Platform by minors without the permission, supervision, authorization and concurrent use of Platform with either a parent or legal guardian. You acknowledge that You use this Platform at Your own risk and that We shall not bear any responsibility and disclaim all liability for any bodily injury, mental harm, financial loss or death endured as a result of Your use of this Service.

23. YOU AGREE TO USE "AS IS" AND "AS AVAILABLE" DISCLAIMER

THE PLATFORM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. YOU USE THE PLATFORM AT YOUR OWN RISK AND SHALL BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES RELATED TO OR DERIVED FROM USE OF OR RELIANCE ON THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, SUITABILITY, SAFETY OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS. IN THE EVENT SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS ARE NOT APPLIED TO YOU ON JURISDICTIONAL GROUNDS, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

24. INFORMAL DISPUTE RESOLUTION

If You have any concern about these Terms or the use of this Service, You agree to first try to resolve the dispute informally by contacting the Us at support@kwekence.com. You agree to make every reasonable effort to resolve any dispute regarding or originating out of these Terms and the use of the this Service. Moreover, You agree to afford the informal dispute process at least 60 days to formulate a resolution to the dispute.

25. FORMAL DISPUTE RESOLUTION

In the event the dispute cannot be resolved informally, You and Company agree to arbitrate the dispute in accordance with the following: YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 19. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

There shall be a single arbitrator who will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration unless the arbitrator determines that a matter was brought by You in bad faith or that Your claim is frivolous. In that event, You shall be responsible for all of Our arbitration attorney, filing and administrative fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

ANY DISPUTE EXECUTED BY YOU UNDER THESE TERMS MUST BE FILED WITHIN ONE YEAR IN AN ARBITRATION PROCEEDING. THE PARTIES AGREE, TO THE EXTENT PERMITTED BY LAW, TO WAIVE THEIR RIGHT TO BENEFIT FROM ANY STATUE OR PROVISION THAT WOULD OTHERWISE EFFECTIVELY EXTENT THE FILING PERIOD DETAILED HEREIN. You may elect to pursue your claim in small-claims court rather than arbitration if You provide us with written notice of your intention do so within 60 days of your Order. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

26. GOVERNING LAW

You agree that the laws of the State of Maryland, excluding its conflicts of law rules, shall govern these Terms and Your use Our Service and all matters arising out of both. In the event the right to exercise the arbitration clause is not held applicable, all claims arising out of these terms, or the use of this Platform shall be brought in the federal and state courts whose jurisdiction covers Prince Georges County, Maryland. You consent to the jurisdiction of Maryland courts to exercise personal jurisdiction over You in the event of a claim arising out of these terms and waive any and all objections to the exercise of any other jurisdiction. We reserve the right to bring any action against You for breach of these Terms in Your country, state or relevant jurisdiction. You agree that when using this Platform, you will adhere to and conform with all applicable laws and regulations. It is Your obligation to be apprised of and comply with all relevant law. If any aspect of these Terms conflict, contradict or violates the laws of the jurisdiction in which You access the Platform, we ask that you not use this Platform.

27. UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted or sanctioned persons.

28. SEVERABILITY AND WAIVER

a. Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. b. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect Company’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

29. TRANSLATION INTERPRETATION

These Terms may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

30. CHANGES TO THE PLATFORM AND TERMS

When appropriate The Platform shall make every reasonable effort to provide Users notice of any changes, modification, alteration, adjustment, update, suspension, or termination of services. However, the Platform reserves the right, at Our sole discretion, to modify, alter, adjust, update, suspend or terminate the marketplace service and these Terms at any time with or without notice and You acknowledge that doing so does not convey any liability on the part of the Company. When the Terms are modified We will post the "Last Updated Date" at the top of the page.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, Your only option is to cease using the Service.

31. ACCEPTANCE OF OUR SERVICE

By continuing to access and/or by clicking on “Next” “I Agree” “I Accept” or by Your use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, your only option is to cease using the Service.

32. SURVIVABILITY

All provisions related to confidentiality, intellectual property rights, indemnification, limitation of liability, warranties, choice of forum and law, the payment and settlement of disputes and any other provision that by its nature would extend beyond the expiration of these Terms shall survive the termination of this Agreement for any reason.

33. NOTICES

a. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address You provide or (ii) by posting to the Platform. Notices sent by email will be effective when We send the email and notices We provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

b. To Us. To give Us notice under these Terms, you must contact Us by email and personal delivery, overnight courier or registered or certified mail to Kwekence, LLC, 5000 Thayer Center Ste. C Oakland, Maryland 21550. We may update the address for notices to us by posting a notice on the Platform. However, notice by email must be confirmed by either personal delivery, overnight courier or registered or certified mail before Notice is effective. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective (3) three business days after they are sent.

34. ENTIRE AGREEMENT

These Terms will be deemed the final and integrated agreement between You and Us on the matters contained herein.