The mission of Karmany is to connect the world’s social professionals to enable them to be more productive and successful. To achieve our mission, we make services available through our website and plan to integrate a mobile application and developer platform This will help you, your connections, and millions of other professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups.
When you use Karmany, you are entering into a legal agreement and you agree to all of these terms.
B. Scope and Intent
You agree that by registering on Karmany, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the Karmany services (collectively “Karmany” or the “Services”), you are entering into a legally binding agreement with Karmany LLC 204 Westwood Court, Shorewood, IL, USA. If you are using Karmany on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Karmany Member, do not enter into this Agreement, do NOT click “Sign Up” and do not access, view, download or otherwise use any Karmany webpage, information or services. By clicking “Sign Up” (or “Join Karmany” or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Sign Up,” you also consent to use electronic signatures and acknowledge your click of the “Sign Up” button as one. Please note that the Karmany
2. Your Obligations
Some promises you make to us in this Agreement:
You will follow the law and Karmany’s rules.
A. Applicable laws and this Agreement
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections.
You grant us a license to the information you provide us.
B. License and warranty for your submissions to Karmany
You own the information you provide Karmany under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Karmany a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Karmany, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Karmany, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Karmany profile information accurate and updated.
You are eligible to enter into this contract and you are at least our “Minimum Age.”
The information you provide is truthful.
C. Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Karmany account, (3) are not a competitor of Karmany or are not using the Services for reasons that are in competition with Karmany; (4) will only maintain one Karmany account at any given time; (5) will use your real name and only provide accurate information to Karmany; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Karmany or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
“Minimum Age” means 18 years old.
You will keep your password a secret.
You will not share an account with anyone else.
You will not copy or transfer any part of the Service.
D. Your Membership
The profile you create on Karmany will become part of Karmany and except for the information that you license to us is owned by Karmany. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Karmany account to another party; and (5) not charge anyone for access to any portion of Karmany, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
You will pay us for any losses that you cause.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Karmany.
You will honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Karmany storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Karmany does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Karmany’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
If you think you have to breach this Agreement, you will let us know beforehand.
G. Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
You are okay with us providing you with important notices on the website, mobile apps, or email.
The contact information you provide must be accurate or you may not receive important notices.
H. Notifications and Service Messages
For purposes of service messages and notices about the Services, Karmany may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Karmany to an email address associated with your account, even if we have other contact information. You also agree that Karmany may communicate with you through your Karmany account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Karmany account or services associated with Karmany. Please review your settings to control what kind of messages you receive from Karmany. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
When you share information, others can see, copy and use that information.
J. User-to-User Communication and Sharing
Karmany offers various forums where you can post your observations and comments on designated topics. Karmany also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site. Karmany can remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and Karmany cannot guarantee that other Members will not use the ideas and information that you share on Karmany. KARMANY IS NOT RESPONSIBLE FOR A ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON KARMANY.
You won’t break export laws.
L. Export Control
Your use of Karmany services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.
M. Contributions to Karmany
By submitting ideas, suggestions, documents, or proposals ("Contributions") to Karmany through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Karmany is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Karmany shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Karmany may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Karmany rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Karmany under any circumstances.
3. Your Rights
If you follow this agreement, we grant you a limited right to use Karmany.
You will only access and use Karmany in the way this agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Karmany authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Karmany or its Members), view information and use the Services that we provide on Karmany webpages and in accordance with this Agreement. Any other use of Karmany contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Karmany commercially unless expressly authorized by Karmany) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Karmany and all related items, including any and all copies made of the Karmany website.
4. Our Rights & Obligations
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.
A. Services Availability
For as long as Karmany continues to offer the Services, Karmany shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Karmany as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Karmany, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Karmany or by direct communication to you unless otherwise noted. Karmany further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Karmany to be contrary to this Agreement. For avoidance of doubt, Karmany has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
C. Disclosure of User Information
We have the right to limit the connections and interactions on the Service.
D. Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. Karmany may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Karmany reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Karmany determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
We are providing you notice about our intellectual property rights.
E. Intellectual Property Notices
The Service includes the copyrights and Intellectual property rights of Karmany and except for the limited license granted to you in Section 3, Karmany reserves all of its intellectual property rights in the Service. Karmany, the Karmany and “in” logos and other Karmany trademarks, service marks, graphics, and logos used in connection with Karmany are trademarks or registered trademarks of Karmany in the U.S. and/or other countries. Other trademarks and logos used in connection with Karmany may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
We disclaim any legal liability for the quality, safety, or reliability of Karmany.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON KARMANY OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR KARMANY AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. KARMANY DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KARMANY AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY KARMANY OR ANYTHING RELATED TO KARMANY, YOU MAY CLOSE YOUR KARMANY ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. KARMANY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH KARMANY TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. KARMANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, KARMANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. KARMANY DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. KARMANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, KARMANY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE KARMANY SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. Limitation of Liability
We are trying to limit any legal liability we may have to you.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Karmany shall not be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Karmany. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
We can each end this Agreement anytime we want.
A. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Karmany pursuant to Section 9.C. This notice will be effective upon Karmany processing your notice. Karmany may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Karmany or the party paying for the services may terminate your access to any Premium Services. Termination of your Karmany account includes disabling your access to Karmany and may also bar you from any future use of Karmany.
B. Misuse of the Services
Karmany may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Karmany messaging services; creating multiple or false profiles; using the Services commercially without Karmany’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Karmany, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Karmany has adopted a policy of terminating accounts of Members who, in Karmany’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
C. Effect of Termination
Upon termination of your Karmany account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4(a) (b) and (d) (“Our Rights and Obligations”).
8. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Illinois courts, applying Illinois law.
A. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Illinois regardless of your country of origin or where you access Karmany, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Karmany agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Santa Clara County, Illinois, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Karmany agree to submit to the personal jurisdiction of the courts located within Santa Clara County, Illinois for the purpose of litigating all such claims. Notwithstanding the above, you agree that Karmany shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Each of us will have the right to choose arbitration.
B. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. General Terms
Here are some important details about how to read the Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
C. Notices and Service of Process
In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via mail or courier. Additionally, Karmany accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
D. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Karmany regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Karmany services, third-party content or third party software.
E. Amendments to This Agreement
F. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Karmany Affiliate shall be deemed legally binding on any Karmany Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Karmany.
You waive your rights to try to stop Karmany, but we don’t waive our rights to ask a court to stop your actions.
G. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than Karmany LLC, that Karmany LLC owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
You can’t assign your rights under this Agreement, but we can.
I. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Karmany Corporation for any third party that assumes our rights and obligations under this Agreement.
J. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. Karmany “DOs” and “DON’Ts.”
As a condition to access Karmany, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
Here’s a list of some of the specific things we ask you to do and not do on Karmany.
A. Do undertake the following:
B. Don’t undertake the following:
11. Complaints Regarding Content Posted on the Karmany Website
We built Karmany to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Karmany provides a process for submission of complaints concerning content posted by our Members.
Karmany’s mission is to connect the world’s professionals to enable them to be more productive and successful. Our registered users (“Members”) share their professional identities, engage with their network, exchange knowledge and professional insights, and find business opportunities. We believe that our service allows our Members to effectively compete and achieve their full career potential. The cornerstone of our business is to focus on our Members first.
Maintaining your trust is our top priority, so we adhere to the following principles to protect your privacy:
Karmany is a dynamic, innovative environment, which means we are always seeking to improve the services we offer you. We often introduce new features, some of which may result in the collection of new information. Furthermore, new partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information.
You have a right to (1) access, modify, correct, or delete your personal information controlled by Karmany regarding your profile, (2) change or remove your content, and (3) close your account. You can also contact us for any account information which is not on your profile or readily accessible to you. If you close your account, your information will generally be removed from the Service within 24 hours. We generally delete closed account information and will de-identify any logs or other backup information within 30 days of account closure, except as noted below.
D. Data Retention
E. Your Obligations
As a Member, you have certain obligations to other Members. Some of these obligations are imposed by applicable law and regulations and others have become commonplace in communities of like-minded Members such as Karmany:
Any violation of these guidelines or those detailed in our User Agreement or elsewhere may lead to the restriction, suspension, or termination of your account at the sole discretion of Karmany.