Terms of Use

Kulshi Mumkin LLC

Terms of Use

These Terms of Use, together with Kulshi Mumkin LLC's Privacy Policy, set forth the terms and conditions ("Terms") that apply to your access and use of (1) the Kulshi Mumkin LLC website, located at kulshimumkin.com, and all other websites where these Terms are posted (together, the "Site"); and (2) any services, content, and features made available by us through the Site, which may include, but are not limited to facilitate race training and workshops to better educate the public; and to design contracts, technology support, website design, career/life coaching packages, and business consulting (together with the Site, the "Services").

In these Terms, "Kulshi Mumkin," "we," "us," and "our" refer to Kulshi Mumkin LLC and its officers, directors, employees, consultants, affiliates, subsidiaries, agents, and assigns, and "you" and "your" refer to any visitor of the Site or user of the Services.

By using or accessing the Services you agree to these Terms, as updated from time to time in accordance with Section 7 below. Because Kulshi Mumkin provides a wide range of Services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and Kulshi Mumkin must be resolved in arbitration or small claims court.

  1. Account Security. To use the Site, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Site in compliance with any and all applicable laws and regulations.

  2. Prohibited Conduct. You agree not to:

    1. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;

    2. Violate or encourage others to violate the rights of third parties, including intellectual property rights;

    3. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

    4. Interfere in any way with security-related features of the Site;

    5. Interfere with the operation or any user's enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

    6. Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Kulshi Mumkin's express written permission;

    7. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or

    8. Sell or otherwise transfer the access granted herein.

  3. Third Party Content. The Site may contain links to third party websites and services. Kulshi Mumkin provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Kulshi Mumkin has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. Kulshi Mumkin 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 any such third party websites or services.

  4. Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Kulshi Mumkin through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Kulshi Mumkin, except third-party trademarks or service marks, which are the property of their respective owners.

  5. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Kulshi Mumkin from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Kulshi Mumkin reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

  6. Termination. If you violate these Terms, your permission to use the Site will automatically terminate. Kulshi Mumkin may also terminate your permission to use the Site at any time or for any reason without advance notice to you.

  7. Modification of the Terms. Kulshi Mumkin reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to the Site. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.

  8. Disclaimers of Warranties. The Site is provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. Although Kulshi Mumkin seeks to maintain safe, secure, accurate, and well-functioning Services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. Kulshi Mumkin specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. Kulshi Mumkin does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.

  9. Limitation of Liability. In no event will Kulshi Mumkin be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Kulshi Mumkin has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

  10. Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to Section 11, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Kulshi Mumkin agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York, New York, for the purpose of litigating all such disputes.

  11. Binding Arbitration and Class Action Waiver.

    1. PLEASE READ THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH KULSHI MUMKIN AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. WHILE YOU MUST AGREE TO THESE PROVISIONS AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF RETROACTIVE APPLICATION OF THE ARBITRATION AND CLASS WAIVER PROVISIONS TO ANY EXISTING CLAIMS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.

    2. THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST KULSHI MUMKIN. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST KULSHI MUMKIN BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL

    3. Except for disputes relating to your or Kulshi Mumkin's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all past, pending, or future disputes between you and Kulshi Mumkin (whether or not such dispute involves a third party) including those arising out of or relating to these Terms (including enforcement, construction, validity, interpretation, enforceability, or arbitrability of the Terms), the Service, and/or our Privacy Policy ("Disputes") shall be finally resolved by arbitration. BY AGREEING TO ARBITRATE, EACH PARTY IS EXPRESSLY WAIVING ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Notwithstanding the foregoing, Kulshi Mumkin shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Southern District of New York or any other court of competent jurisdiction.

    4. Arbitration shall occur before a single arbitrator conducted in the English language in New York, New York, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and Kulshi Mumkin shall appoint as sole arbitrator a person mutually agreed by you and Kulshi Mumkin or, if you and Kulshi Mumkin cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party.

    5. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 of the fees charged in connection with any arbitration under this section, and Kulshi Mumkin will bear all other costs charged by the arbitrator, including any remaining Case Management Fee and all professional fees for the arbitrator's services. You will still be responsible for paying your own attorneys' fees and costs, except that the substantially prevailing party shall be entitled to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration, the reasonableness of any fees shall be determined by the arbitrator. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement.

    6. Under no circumstances shall the arbitrator be authorized to award damages, remedies, or awards that conflict with these Terms or to award punitive damages, this limitation includes but is not limited to the exclusion of any damages pursuant to federal or state statutes permitting multiple or punitive awards.

    7. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. Whether any dispute is heard in arbitration or in court, the parties agree that any claims brought by them must be brought in that party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, class action, or class arbitration. You hereby waive any and all rights to bring any claims related to any Disputes as a plaintiff or class member in any purported class or representative proceeding or to participate in any class action. You may bring claims only on your own behalf. By accepting this agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date of you agreed to these Terms.

    8. Whether to agree to arbitration is an important decision. It is your decision to make and you ARE NOT REQUIRED TO rely solely on the information provided in these Terms. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

    9. LIMITED OR COMPLETE OPTION TO OPT OUT. YOU MAY OPT OUT OF THE APPLICATION OF THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY TO ALL CLAIMS YOU HAVE POSSESSED OR MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT. IN ORDER TO EXERCISE YOUR OPTION, YOU MUST DO SO BY FOLLOWING THE INSTRUCTIONS BELOW. NO OTHER ACTION OR METHOD FOR OPT OUT SHALL BE EFFECTIVE. THE OPTION SHALL ONLY BE EFFECTIVE TO THE EXTENT YOU HAVE NOT PREVIOUSLY AGREED TO ARBITRATION AND CLASS WAIVER PROVISIONS WITH KULSHI MUMKIN. KULSHI MUMKIN RESERVES AND DOES NOT WAIVE ANY RIGHT TO ASSERT ANY EARLIER TERMS AND CONDITIONS INCLUDING ANY EARLIER ARBITRATION AND CLASS WAIVER PROVISIONS.

    10. PROCEDURE TO OPT OUT OF RETROACTIVE APPLICATION. IF YOU DO NOT WISH TO AGREE THAT THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT SHALL APPLY, YOU MUST, WITHIN THE NEXT THIRTY (30) DAYS, SEND AN E-MAIL TO [email protected] CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS "OPT OUT" IN THE BODY OR SUBJECT LINE OF THE EMAIL.

    11. Even if you opt out of this arbitration agreement, you will remain subject to and bound by any prior arbitration agreements or provisions you previously agreed to with Kulshi Mumkin. For users who do not opt out, to the extent these Terms conflict in any way with any prior agreement, these Terms control.

    12. Confidentiality. You and Kulshi Mumkin shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

    13. You and Kulshi Mumkin agree that any claims or lawsuits, regardless of form, arising out of or related to any Dispute must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute. Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

    14. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Kulshi Mumkin prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the arbitration procedures is posted to the Services, and shall not be effective as to any claim that was filed in a legal proceeding against Kulshi Mumkin prior to the effective date of removal.

    15. These Arbitration provisions will survive the termination of your relationship with Kulshi Mumkin.

  12. Modification of the Site. Kulshi Mumkin LLC reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that Kulshi Mumkin LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

  13. General.

    1. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Kulshi Mumkin regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.

    2. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

    3. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

    4. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

  14. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

Last updated: September 4, 2024

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