• • Website User Agreement
    This Website User Agreement (hereinafter referred to as “UTOS”) describes the terms and conditions applicable to your use of www.kalagroupcredit.com (hereinafter WEBSITE), owned by Kala Group LLC., a Texas Limited Liability Company (hereinafter referred to as “COMPANY”). This Agreement constitutes an agreement between you (hereinafter “YOU”), the user and/or member of any of the services offered by the COMPANY through the WEBSITE and the COMPANY. If YOU do not accept the terms of this user agreement, YOU may not use this website or any of the membership services offered through this WEBSITE. BY USING THIS WEBSITE AND/OR BY BECOMING A MEMBER OF THE SERVICES OFFERED THROUGH THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS CONTAINED HEREIN AND AGREE TO BE BOUND TO ANY REVISIONS MADE TO THE TERMS CONTAINED HEREIN, WHICH MAY BE MADE BY THE COMPANY AT ANY TIME AND WITHOUT NOTICE TO YOU AND THEREFORE YOU AGREE TO VISIT THIS PAGE AND REVIEW ITS CONTENTS IN ORDER TO DETERMINE THE CURRENT WEBSITE USER AGREEMENT PRIOR TO EACH USE OF THIS WEBSITE.
    Duration of program
    You acknowledge that our program has a length of one year. By purchasing our program, you will NOT have unlimited access to our information, resources or coaching. This is not a “lifetime” membership.
    Use of Materials, Restrictions, Copyrights
    Material in this website is either owned or copyrighted by the COMPANY, their advertisers and/or by others. Except as stated herein, none of the Material on WEBSITE may be saved, downloaded, copied or reproduced in any form including but not limited to electronic, digital, and mechanical, photocopying without the prior written consent of the COMPANY. All electronic images, virtual tours and video are for viewing purposes only. No permission is granted to download and/or save any of the material including but not limited to text, electronic images, photographic images, business name and/or logo and any other information published on this website (hereinafter referred to as “MATERIAL”) to any computer storage device. Permission is granted to YOU to print the web pages on WEBSITE providing 1. You print only one copy, 2. The MATERIAL contained within such web pages will be used for your non-commercial personal use only, 3. All copyright and proprietary notices are printed on the copies, and 4. You do not distribute the copy in whole or in part to any third party or entity. This permission terminates automatically if you breach any of these agreement terms and conditions. Additionally the MATERIAL on this website is not to be saved, downloaded or stored on any non-COMPANY owned Internet computer servers.
    Compliance with Local Laws
    COMPANY makes NO representation that the MATERIAL and materials contained in this website are legal in all jurisdictions. You the user are responsible for ensuring that viewing the MATERIAL and materials in this website is in compliance with applicable local and state laws.
    MATERIAL & Material Accuracy
    YOU the user acknowledge that the MATERIAL viewed in this WEBSITE has NOT been reviewed by COMPANY for completeness or accuracy. COMPANY, their licensors and/or advertisers are NOT responsible for typographical errors or omissions of any kind. The information for each business is provided for informational purposes only. YOU, the user, bear the entire risk of using the MATERIAL and materials of this WEBSITE. All MATERIAL and materials on this website is subject to change, without notice.
    Hyperlinks
    YOU the user acknowledge that the MATERIAL viewed in this WEBSITE has NOT been reviewed by COMPANY for completeness or accuracy. COMPANY, their licensors and/or advertisers are NOT responsible for typographical errors or omissions of any kind. The information for each business is provided for informational purposes only. YOU, the user, bear the entire risk of using the materials and MATERIAL of this WEBSITE. All MATERIAL on this website is subject to change, without notice.
    Communications & Privacy Policy
    Any text, image, material, information, form, or e-mail (hereinafter referred to as “INFORMATION”) YOU, the user, transmit or provide to and/or through this WEBSTITE and/or COMPANY databases by any means will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and is the property of COMPANY. COMPANY shall not disclose INFORMATION to third parties without your written or verbal consent, except that COMPANY may disclose such information to COMPANY’s WEBSITE advertisers and to third parties that perform services on COMPANY’s behalf. YOU, the user agrees, that COMPANY is not responsible for how INFORMATION YOU transmitted and/or provided is used. YOU, the user, agree not to transmit or provide to and/or through COMPANY at this domain and/or any other domain, any unlawful, threatening, libelous, defamatory, obscene, pornographic or otherwise offensive INFORMATION.
    Trademarks, Service Marks, Copyrights and Use of Third Party Materials
    Any text, image, material, information, form, or e-mail (hereinafter referred to as “INFORMATION”) YOU, the user, transmit or provide to and/or through this WEBSTITE and/or COMPANY databases by any means will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and is the property of COMPANY. COMPANY shall not disclose INFORMATION to third parties without your written or verbal consent, except that COMPANY may disclose such information to COMPANY’s WEBSITE advertisers and to third parties that perform services on COMPANY’s behalf. YOU, the user agrees, that COMPANY is not responsible for how INFORMATION YOU transmitted and/or provided is used. YOU, the user, agree not to transmit or provide to and/or through COMPANY at this domain and/or any other domain, any unlawful, threatening, libelous, defamatory, obscene, pornographic or otherwise offensive INFORMATION.
    No Unlawful or Prohibited Use
    As a condition of your use of WEBSITE or of becoming a Member of any of the services offered through the WEBSITE, YOU warrant and represent that YOU will not use the WEBSITE or its contents for any commercial purposes or for any purpose that is unlawful or prohibited by these terms and, furthermore, YOU represent and warrant that YOU are not currently engaged in or are planning to become engaged in any activities intended to assist businesses with the building of credit for financial assistance. Furthermore, YOU specifically agree NOT to use this WEBSITE to solicit the businesses listed and/or advertised on this WEBSITE, if any, for any commercial purpose whatsoever. In addition, YOU agree not to use the WEBSITE in any manner that could damage, disable, overburden, or impair the WEBSITE or interfere with another person’s use and enjoyment of the WEBSITE. Sending commercial e-mail information and/or solicitations, sending commercial information and/or solicitations via online WEBSITE forms and/or making commercial telephone calls to customers listed and/or advertised on this WEBSITE is strictly prohibited, and a violation of the terms and conditions of the use of this WEBSITE. Such violation may result in civil and/or criminal penalties against the sender and those assisting the sender. Only non-commercial communications for obtaining information about the products and/or services advertised on this WEBSITE is permitted.
    Warranties
    YOU the user acknowledge and agree that the COMPANY makes no warranty that this website shall meet your requirements, or that this website is error free or that the quality of the products or services provided by the COMPANY and/or its licensors, advertisers, and vendors will meet your expectations. Additionally, YOU the user agree you are solely responsible for any damage caused to your computer system or data loss regardless of cause including but not limited to accessing and downloading corrupt or virus containing files resulting from your use of WEBSITE or any third-party website however linked to this WEBSITE.
    Indemnity
    YOU the user agree to indemnify and hold harmless the COMPANY, its directors, officers, employees, agents, vendors, advertisers, and clients from any claim arising from (i) your use of WEBSITE, or (ii) violation of the terms and conditions of the use of this WEBSITE or (iii) your violation of any law or (iv) your violation of the rights of any third party.
    Liability Limitation
    YOU THE USER AGREE THAT COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT OF THE USE OR RELATING TO THE USE OR ANY OTHER MATTER RELATING TO THIS WEBSITE HOWEVER ARISING, INCLUDING NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THIS LIMITATION MAY NOT APPLY TO YOU.
    User Representation
    YOU, the user, represents, warrants and covenants that: (a) you have the power and authority to enter into this agreement; (b) you are at least 18 years of age; (c) YOU will only use the website in accordance with the terms and conditions contained herein; and (d) YOU are not currently engaged either directly or indirectly in the credit building business or are planning to be in the credit building business.
    Non-Competition
    YOU covenant and agree that by becoming a member of this WEBSITE and its services that, during the entire time YOU maintain membership to this WEBSITE and for a period of two (2) years following the expiration or termination of your membership (the “Non-Compete Period”), YOU will not, directly or indirectly own any interest in, manage, control, participate in, consult with, render services for or, in any similar manner as the COMPANY, engage in any business that is engaged in the business of promotion and/or sale of a product that is the same or substantially similar to the “Kala Program” offered for sale by the COMPANY. This non-competition agreement expressly prohibits YOU from promoting the sale of for another and/or offering for sale directly the same or a substantially similar product as the Program, whether such product is provided or sold over the internet by download, or sold or provided in any other manner and in any other audio or printed format. The parties agree that given the nature of this Agreement and the obligations of the Parties, the covenants and the restrictions set forth in this Agreement are reasonable and necessary for the protection of the significant investment of the COMPANY in developing, maintaining and expanding its program for YOU and your membership. Accordingly, YOU agree and acknowledge that in the event of any breach by YOU of any of the terms of provisions contained in this specific section hereof, monetary damages alone will not adequately compensate the COMPANY for its losses, and therefore that it may seek any and all legal or equitable relief available to it, including without limitation, injunctive relief without the necessity of bond, and may hold YOU liable for all damages, costs and expenses including legal costs and reasonable attorney’s fees incurred by the COMPANY as a result of such breach. The rights and remedies set forth herein are cumulative and are in addition to any rights or remedies available at law or equity. Each obligation by YOU under this Section shall be construed as covenant independent of any other provision herein. The existence of any claim or cause of action by YOU against the COMPANY shall not constitute a defense to the enforcement of the provisions of this section.
    Severability
    Should any provisions of this Agreement or a portion thereof be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
    Waiver
    The waiver by the COMPANY of a breach of any provision of this Agreement by you shall not operate or be construed as a waiver of any other or subsequent breach by you.
    Scope of Agreement
    This Website User Agreement constitutes the entire agreement between the COMPANY and YOU, the user and member, and supersedes any previous website user agreements between YOU and the COMPANY. Any non-enforcement of this agreement by the COMPANY shall not be considered a waiver of rights. The laws of the State of Florida shall govern this agreement. Venue for any disputes will be in heard in the Florida Superior Court of Broward County, Florida and YOU consent to the jurisdiction of said venue by your use and membership of this WEBSITE.

    This Website Terms of Use Agreement (“Website Terms”) is between you and Kala Group LLC its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (“KALA,” “we” or “us”), with a principal place of business at Atlanta, Texas. Notwithstanding any language in the Website Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content (the “Website”) and your use of our Secure Client Access portal.
    BY USING THE WEBSITE AND REQUESTING THAT KALA CONTACT YOU ABOUT ITS CREDIT REPAIR SERVICES YOU SIGNIFY YOUR AGREEMENT TO THE WEBSITE TERMS.
    Credit Audit: Any consumer who completes the form online will be contacted to receive an offer for a free credit audit of their consumer credit reports. There is no obligation to enroll in any services to receive this free audit. Personal information will be required, along with access to the consumer’s credit reports from all three consumer reporting agencies in order to perform the audit.
    Enrollment in Services. Any consumer who enrolls in our credit services, will be required to sign an Agreement for Services, (herein after “Agreement”).
    3-Day Right to Cancel: You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed the contract. For further rights and disclosures please see the Federal Trade Commission website or your Agreement.
    Refund Policy: Except as related to your 3-Day Right to Cancel, no refunds will be given. If you cancel your Agreement within the first 3 days of signing your Agreement, any payment for service already made will be refunded. No other refunds will be given.
    Privacy Policy: Your information is secure and will only be used for the purpose of performing an audit and fulfilling your enrollment of services.KALA owns a group of companies that provide services to consumers and businesses. By completing the form on this website, you accept these terms and Conditions and agree to allow KALA companies to provide offers for other services it’s companies provide directly to you by email, text, phone, or direct mail. You may opt out of these offerings at any time by using the Unsubscribe link in any email offer or other solicitation method unsubscribe instructions, or by contacting KALA at 888-588-1744 or contact@kalagroupllc.com. When contacting KALA to unsubscribe, you must provide the details of the method of contact, for example, if solicitated by text, you must provide the number that received the unwanted text. If solicited by direct mail, you must provide the address to which the unwanted solicitation was mailed.
    Warranties and Guarantees. No warrantees or guarantee of specific results are given except that KALA will perform it’s duties as described in your Agreement to the best of it’s ability using industry standard procedures.
    Legal and Tax Advice. KALA is not licensed to provide, and does not provide, legal or tax advice. You, as the consumer, are responsible to seek the advice of an attorney before entering into any agreement. It may also be prudent to seek legal or tax professional advice before agreeing to a debt settlement.
    Payment for Services. KALA does not require payment for services until after the First Work is complete.
    Kala’s Privacy Policy applies to your use of KALA’s website (kalagroupcredit.com), all services provided by us, and your request that KALA contact you about its credit repair services and its terms are made a part of the Website Terms. By using KALA’s website, engaging our services, and requesting that KALA contact you about its document processing service for credit repair, you acknowledge you have reviewed KALA’s Privacy Policy and agree to its terms.
    BY USING KALA’S WEBSITE AND REQUESTING THAT KALA CONTACT YOU ABOUT ITS DOCUMENT PROCESSING SERVICE FOR CREDIT REPAIR,YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND KALA ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND KALA, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH KALA. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST KALA IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST KALA IN ANY JURISDICTION IN THE UNITED STATES. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Terms). The arbitrator shall have authority to interpret the Website Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Website Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Website Terms. You agree that the Website Terms involves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the State of Texas, as provided in Section 17 below.
    1. About The Website Terms
    The Website is a service made available by KALA. If you do not agree to the Website Terms, you may not use the Website. We may modify the Website Terms at any time. If you do not agree to the changes, you must discontinue using the Website, discontinue using KALA’S services, rescind your request that KALA contact you about its credit repair services, and/or discontinue your participation in KALA’S Text Message Program where it exists before the changes take effect. Your continued use of the Website, use of KALA’S services, or request that KALA contact you about its credit repair services after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log in to the Website or continue using KALA’S services, you reaffirm your acceptance of the Website Terms. You are responsible for regularly reviewing the Website Terms, by clicking on the “Terms of Use” link at www.kalagroupcredit.com. The Website Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to where particular content or transactions are posted in particular areas of the Website and, together with the Website Terms, govern your use of those areas, content, or transactions.
    2. About the Website
    The Website gives users information about KALA’Sdocument processing service credit repair, general educational and informational resources about credit, and the ability to sign up for and engage KALA’S services.
    3. Engagement of KALA’S Services
    You are not required to engage KALA’s services in order to visit and read material on the Website; however, you will need to engage KALA’S services if you want it’s assistance in your efforts to improve your credit reports and rating. If you engage KALA, you agree to provide accurate and complete information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to your sign-up information. Each engagement is for a single person only. We do not permit any other person to engage KALA’s services on behalf of another unless you have an appropriate Power of Attorney. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify KALA immediately by emailing contact@kalagroupllc.com.
    4. Case Files
    Should you choose to engage KALA’S services, you will enter into a separate written agreement with KALA. Each file we create in conjunction with this separate written agreement is called a “Case File.” Your Case File will continue to be subject to the agreements otherwise governing them, except where so noted in the related agreement. Each Case File will be subject to the following:
    • The terms or instructions appearing on a screen when using the service;
    • KALA’s policies and procedures applicable to the Case File and the online service;
    • Applicable state and federal laws and regulations.
    5. Access to Case Files
    You authorize KALA to provide access to your Case File) through its online services. You may access your Case File at www.secureclientaccess.com (herein after “Client Portal”) to obtain a sequential docket of prepared documents provided to you, email messages to and from you, credit report information received from you, copies of your imported credit reports and other information. To access your Case File through the online service you must have a password and the required hardware and software. Subject to the terms of this agreement and any separate written agreement(s), you will generally be able to access your Case File through the Client Portal seven days a week, 24 hours a day. Case File information is posted to the file at the time work is completed on the Case File. KALA is not responsible for your limited access to your Client Portal if Portal access is interrupted at no fault of KALA’s.
    At certain times, the online services may not be available due to system maintenance or circumstances beyond our control. During these times, you may call KALA at (888) 588-1744 or send an email to contact@kalagroupllc.com to obtain information about your Case File.
    6. Ownership
    The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by KALA or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, KALA retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the “Technology”)(the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
    7. Use of Website and Materials
    KALA provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
    •Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of KALA or the applicable rights holder;
    •Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
    •Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
    •Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or users;
    •Reformat or frame any portion of the Website or Materials;
    •Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
    •Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
    •Attempt to gain unauthorized access to other computer systems;
    •Violate the Website Terms, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website.
    Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
    Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
    8. License
    By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) KALA a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
    Anonymous, aggregate information that does not contain personally identifiable information, comprising account information, or other available data that is collected through your use of the Website, may be used or licensed by KALA for various purposes including but not limited to conducting certain analytical research, performance tracking, benchmarking, helping to improve products and services and to assist in troubleshooting and technical support.
    9. Automated Activity
    The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to KALA by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
    10. Linking
    You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give KALA notice of such link by sending an e-mail to contact@kalagroupllc.com and (c) you discontinue providing links to this Website if requested by KALA. If you wish to provide links to a section within the Website, you should forward your request to KALA at contact@kalagroupllc.com and KALA will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
    11. Representations
    You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Website Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.
    12. Disclaimer
    KALA makes every effort to ensure the information presented in, on or through its Website is accurate; however, KALA makes no guarantee as to such information, and is not responsible for any resulting loss or damage.
    13. Warranty, Liability, Indemnification
    KALA makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that KALA shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
    THE WEBSITE AND MATERIALS ARE PROVIDED BY KALA ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. KALA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
    IN NO EVENT SHALL KALA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. KALA SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
    KALA DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR THEIR HARMFUL COMPONENTS. KALA’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY KALA SHALL BE CANCELLATION OF YOUR ACCOUNT.
    14. Indemnity
    You agree to indemnify, defend, and hold harmless KALA, its officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under the Website Terms. We reserve the right 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.
    15. Privacy
    We may, subject to and in accordance with our Privacy Policy for marketing and other purposes, collect, process and transmit certain data obtained from and about you in the course of your accessing the Website or during a phone consultation, including information collected in the course of an abandoned transaction. By agreeing to the Website Terms you agree to such data being so used and further agree that it may be transmitted to others whether or not within the United States in accordance with our Privacy Policy and under applicable privacy and data protection legislation. Information on how and what type of data (if any) is held about you can be obtained by reviewing our Privacy Policy on the Website.
    16. Electronic Notices and Transactions
    You agree to transact with us electronically. This means you agree to accept any terms and conditions and to transact any business with us by electronic means, which includes receiving all documents in HTML or PDF format and communicating over the Internet. You also certify that you are at least 18 years of age and have access to the Internet to receive KALA’S services, to request that KALA contact you about its credit repair services, and to view, print and retain all documentation. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a client of KALA or have requested that we contact you about our credit repair services. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website or KALA’S services. You can retrieve and review the Website Terms at any time by visiting www.kalagroupcredit.com and may receive paper copies by calling KALA at 1-888-588-1744.
    17. Access
    You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
    18. Notice Regarding Technology
    Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website.
    19. Miscellaneous
    KALA reserves the right to investigate complaints or reported violations of the Website Terms and to take any action KALA deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. KALA reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular Internet address to any KALA website. These incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website, your request that KALA contact you about its credit repair services, and/or your participation in KALA’S Text Message Program. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
    THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in the first four paragraphs of the Website Terms, Sections 5 through 8, 10 through 15 and 17 through 20, shall survive termination of the Website Terms.
    KALA shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by KALA. No delay or omission on the part of KALA in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
    The Website Terms constitutes the entire agreement and understanding for use of the website between you and KALA, except as you and KALA may later agree in writing to modify the Website Terms. The Website Terms supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter contained herein.
    20. Confidentiality of Information / Creation of Attorney-Client Relationship
    ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE WEBSITE ARE FOR INFORMATION ONLY (EXCEPTING KALA’S PRIVACY POLICY AND THE WEBSITE TERMS, WHICH ARE BINDING CONTRACTS), ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. KALA does not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. KALA reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
    Any information contained on the Website with respect to results obtained by KALA is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guarantee, warranty or prediction of the outcome of your legal matter.
    Electronic mail or other communications through this site to KALA (or any of its lawyers, other employees, agents or representatives) are not secure and are not subject to the attorney-client privilege. Accordingly, KALA does not guarantee the confidentiality of such communications. You acknowledge that transmissions to and from the Website are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law. You acknowledge that by submitting communications to KALA, no confidential, fiduciary, contractually implied or other relationship is created between you and KALA other than pursuant to the Website Terms and any subsequent written agreement entered into with KALA.
    You are solely responsible for (a) maintaining the confidentiality and security of your login information, passwords, and any other security or access information used by you or anyone you authorize on your behalf to access the Website and your account information, (b) preventing unauthorized access to or use of the information, files, or data that you store or use in or with KALA’S Website, (c) all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the KALA Website, and (d) without limiting the foregoing, any and all activities that occur under your account. KALA will assume that any communications received through the use of the KALA Website was sent or authorized by you. You agree to immediately notify KALA if you become aware of any loss, theft, or unauthorized use of the KALA Website or your account information,
    Please do not use the information on our Website to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of the Website Terms.
    21. Use of Financial Application Services
    KALA’S Website may allow you access to third party provider services (“Provider Services”). KALA has no control over the Provider Services or your access to the Provider Services. KALA does not guarantee the Provider Services. By using the Provider Services, you acknowledge KALA disclaims any and all liability whatsoever for any actions or inactions of Provider Services.
    KALA provides the Website for your convenience. You use and rely on the information therein at your sole risk. Neither KALA nor any of its affiliates, third party providers, partners, licensors, employees, distributors or agents is responsible or liable for, or makes any representations or warranties as to the following, without limitation:
    • Any representations, promises, recommendations or inducements that may be made by or through any party (including vendors) found at, on, through or from the Website;
    • The timeliness, accuracy, reliability, completeness, legality, copyright compliance or decency of the Website;
    • Any inaccuracy, omission, error or delay in the services offered on the Website;
    • Non-performance of or interruption to the Website or its services due to (i) any act or omission by any disseminating party, (ii) any force majeure or any other cause beyond the control of any disseminating party, or (iii) outages, transmission quality or malfunctions of telephone circuits or computer systems, including any defects or failures with respect to your software computer systems or Internet access provider;
    • Any loss resulting from, including any unauthorized access by a third party, arising out of or related to your access and/or use of or interaction with the Website.