Notices & Disclaimers

THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT KGA’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

The products and services mentioned or promoted on the Website, including password protected information relating thereto may be changed by KGA at any time without notice. Information about products or services offered by third parties are referred to on the Website for information purposes only. KGA’s provision of any such information is not intended to constitute an endorsement or recommendation, by KGA, of such products or services.  

USE OF THIS WEBSITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES KGA PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS WEBSITE. KGA EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE AND ANY GOODS OR SERVICES PURCHASED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. IN NO EVENT SHALL KGA BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. KGA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE, EVEN IF KGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT KGA CORRECT THE MATTER OR, IF KGA FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

Arbitration & Governing Law

a. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.  

b. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company
(except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.  

d. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.  Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States. 

Unique and bona fide profile

You agree to create only one unique profile. In addition, in order to maintain the integrity of the Website, by joining, you agree that your use of the Website shall be for bona fide housing-seeking purposes (for example, you may not use the Website solely to compile a report of compatible housemates in your area, or to write a school research paper). From time to time, we may create test profiles in order to monitor the operation of our services. 

Commercial use prohibited

The Website is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Website, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps. 

Conduct

In your digital interactions with other users, you agree to conduct yourself civilly and respectfully. You agree that you shall not under any circumstances harass or make mischief against any other potential housemates. KGA reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party.

Communications

You agree and consent to receive email messages from us. Upon filling out our housing questionnaire, you also agree and consent to being introduced to potential housemates via email and/or text message. The information you fill out may and shall be shared with potential housemates and our real estate partners. These emails and/or text messages may be transactional or communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.