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Welcome to Kasita.

Kasita, Inc. and its subsidiaries and affiliates (collectively, “Kasita”) make this website, www.kasita.com (the “Site”), and all Kasita websites, applications, products, services, and devices (collectively, the “Services”) that link or refer to these Terms of Use (this Agreement), available for your use subject to the terms and conditions set forth below.

Kasita believes in protecting your privacy. Please review our current Privacy Policy at https://kasita.com/privacy-policy/.

BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING USE OF ANY OF THE CONTENT, POSTING OF ANY CONTENT, DOWNLOADING OF ANY CONTENT, OR MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THIS AGREEMENT, AND IF YOU DO NOT ACCEPT ANY OF THE TERMS OF THIS AGREEMENT AND/OR YOU DO NOT MEET OR COMPLY WITH THEIR PROVISIONS, YOU MAY NOT USE THIS WEBSITE OR THE SERVICES.

IMPORTANT NOTICE: YOUR USE OF THE SITE AND THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 11 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.  Please carefully review Section 11 of this Agreement for more information.

1. Changes to Terms.

We may revise and update this Agreement from time to time, and will post the updated Agreement to the Site. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING.  Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of the Site or the Services will constitute your agreement to any new provisions within the revised Agreement.

2. Separate Agreements; Additional Terms; Third-Party Content and Services.

You may have other agreements with Kasita, such as unit purchase agreements or terms and conditions of sale. Those agreements are separate and in addition to this Agreement. This Agreement does not modify, revise, or amend the terms of any other agreements you may have with Kasita.

When using content on this Site offered by Kasita or using the Services, you may be subject to terms applicable to such content or Services, in addition to the terms in this Agreement.  To use this Site and the Services, you must agree to such additional terms, where applicable.

Through this Site or the Services, Kasita may also make available or use materials, information, products, including software and/or services provided by third parties (collectively, the “Third-Party Content/Services”). The Third-Party Content/Services are governed by separate agreements that accompany such content and/or services, such as applicable terms of use (collectively, “Third-Party Terms”). In order to set up the Services for you, Kasita may agree to Third-Party Terms on your behalf.  However, you are not obligated to use such Third-Party Content/Services, and you must not use such Third-Party Content/Services if you do not agree to the applicable Third-Party Terms.

Kasita offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Content/Services. You agree that, with respect to the Third-Party Content/Services, you will abide by applicable Third-Party Terms and you will defend, indemnify, and hold Kasita, its affiliates, and their officers, directors, shareholders, members, employees, agents, and contractors harmless for any claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from your use of Third-Party Content/Services.

3. Jurisdiction.

The Site and the Services are directed to those individuals and entities located in the United States. We do not direct our Site or Services to any person or entity in any jurisdiction where (because of nationality, residence, citizenship, or otherwise) the publication or availability of the Site, its content, and the Services are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use this Site, the Services, or any related content. Kasita makes no representation that the information, opinions, advice, or other content on the Site is appropriate or that its Services are available outside of the United States. Those who choose to access this Site or the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Your License to Access and Use the Site and the Services.

The contents of the Site and Services, and the Site and Services as a whole, are intended to primarily facilitate Kasita’s business of manufacturing and selling modular housing units, as set-forth and defined by Kasita and subject to change by Kasita at any time, in Kasita’s sole discretion.  All written content prepared and posted by Kasita, and the Site design, object and source code, layout, look, appearance, and graphics on the Site, as well as the trademarks, service marks, and logos contained on our Site and Services (collectively, “Kasita Content”) are owned by or licensed to Kasita and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions.  Kasita reserves all rights not expressly granted in, and to, the Site, the Services, and the Kasita Content.

Except as otherwise provided in this Agreement, no part of the Site, the Services, or the Kasita Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use or purpose, without Kasita’s prior express written consent.  Kasita reserves all rights in and to the Site, Services, and Kasita Content not expressly granted to you in this Agreement.

On the condition that you comply with all your obligations under this Agreement, Kasita grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and the Services.  Any use of the Site or Services in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site, the Services, or both.  Your access to this Site and Services is provided on a temporary basis with no guarantee for future availability.  We reserve the right to withdraw or modify any content or products we provide on the Site or through the Services without notice.

5. Your Content and Suggestions.

The Site includes features that involve information that you upload, submit, store, or send through the Site (for example, blog comments and product reviews) (“Your Content”).  This Section provides the terms and conditions governing your use of such features.

(a) License to Your Content.

By submitting Your Content to the Site, you grant Kasita a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform Your Content. You represent and warrant that you have the necessary rights to Your Content, including the right to assign or grant a license to your rights in this Agreement.  Please do not submit Your Content to the Site if do not wish to grant us the rights set forth in this Section 5(a).

(b) Your Suggestions.

We welcome your comments regarding the Site, Kasita Content, the Services, and our products. In addition to the license you grant to us in Section 5(a) for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to the Site, the Services, and Kasita’s products (including any related technology), whether you send such information or materials to us through the Site, through the Services, or through a separate communication channel, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, implement, disclose, reproduce, modify, license, transfer and otherwise distribute, create derivative works of, display, perform, and exploit any such information or materials in any manner.  Please do not send us such information or materials, if you do not wish to grant us the rights set forth in this Section 5(b).

(c) Prohibited Content.

You agree that you will not—and you will not assist or encourage a third party to—use the Site or Services to send, post, or publish:

(d) Your Responsibility for Your Content.

Your Content is your sole responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content. Kasita further reserves the right to monitor delete or modify any of Your Content that it deems offensive, inappropriate, advertising, illegal, off-topic, or otherwise violates this Agreement. Kasita further reserves the right to terminate a user’s access to the Site, for any reason, at its sole discretion. Kasita reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Kasita has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Kasita may suspend or terminate, in whole or in part, your access to the Site and the related services if you violate the terms and conditions set forth in this Section. If your violation of this Agreement is related to the purchase of a product on the Site, Kasita may also cancel or void any related purchase order.

6. Other Restrictions on Your Use of the Site and the Services.

In addition to complying with terms and conditions in the previous section concerning Your Content, you agree that when using the Site or the Services, you will not:

Kasita may suspend or terminate, in whole or in part, your access to the Site, the Services, or both if you violate the terms and conditions set forth in this Section. If your violation of this Agreement is related to the purchase of a product on the Site, Kasita may also cancel or void any related purchase order.

7. Links.

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, Kasita does not control or endorse such websites and is not responsible for their products, services, or content; nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. This Agreement applies only to Kasita’s Site and the Services Kasita offers. If you decide to access any of the third-party sites linked to the Site, you do so at your own risk, and you should review the terms and conditions and privacy policies of such third-party sites. Kasita reserves the right to terminate any link or linking program at any time. Kasita disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such websites.

8. No Warranties.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND KASITA OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH THIRD PARTY’S CONTENT OR PRODUCTS ON THE SITE, THE SITE, THE SERVICES, AND ALL CONTENT ACCESSIBLE THROUGH THE SITE AND SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KASITA MAKES NO WARRANTY THAT: (i) THE SITE, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT ACCESSIBLE BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS IN THE SITE, CONTENT, OR SERVICES WILL BE CORRECTED.

THE USE OF THE CONTENT, SERVICES, OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT OR COMMUNICATIONS THROUGH ANY PORTION OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. KASITA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY CONTENT, SERVICES, COMMUNICATIONS, OR EMAIL OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KASITA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THIS AGREEMENT SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.

9. Limitation of Liability.

YOU EXPRESSLY AGREE TO WAIVE AND HEREBY WAIVE, SUCH AGREEMENT AND WAIVER BEING AN ESSENTIAL PART OF THIS AGREEMENT, ANY AND ALL CLAIMS AND LIABILITIES AGAINST KASITA THAT ARISE FROM YOUR USE OF THE SITE, THE SERVICES, CONTENT, OR PRODUCTS IN VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS.

UNDER NO CIRCUMSTANCES, SHALL KASITA, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT OR SERVICES RELATED TO THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KASITA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, ANY CONTENT ON THE SITE OR THE SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE OR THE SERVICES, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT, INCLUDING THE LIMITATION OF LIABILITY AND DISCLAIMERS SET FORTH HEREIN.

SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THIS AGREEMENT SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SITE, CONTENT, OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY KASITA.

10. Indemnity.

You agree to defend, indemnify, and hold Kasita, its affiliates, and their officers, directors, shareholders, members, employees, agents, and contractors (collectively, the “Kasita Indemnitees”), harmless from and against any and all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) resulting from, or alleged to result from, your use of the Site, your use of the Services, your provision of or use of any data, your use of Third Party Content/Services, or your violation of this Agreement.

If you purchase or lease your Kasita home or unit from any person or entity other than Kasita, you agree for yourself, your spouse, your partner, your heirs, your administrators or your executors, to forever WAIVE, RELEASE, and DISCHARGE any and all rights or any and all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) that you may have or incur or that may hereinafter accrue against the Kasita Indemnitees.

11. Governing Law and Arbitration.

This Agreement shall be governed in all respects by the laws of the State of Texas, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Agreement, this Agreement will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

Except as regarding any action seeking equitable relief, including for the purpose of protecting Kasita’s confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to this Agreement, or the use of the Site or Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Austin, Texas.

Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

12. No Professional Advice.

The information available on the Site or through the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. It is not professional advice, and should not be construed as such.

13. Accounts and Security.

Kasita may offer a registered user account to its users. You are responsible for any use of the Site or Services or other activity that occurs through the use of your account, including without limitation any use of your account by any other third party.

As part of the registration process, each user will select, at a minimum, a password and login name. You shall provide Kasita with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (i) select or use a login name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a login name that Kasita, in its sole discretion, deems inappropriate or offensive. You shall immediately notify Kasita of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Kasita’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

14. Digital Millennium Copyright Act

Kasita respects the intellectual property rights of others and expects our users to do the same. Kasita investigates notices of copyright infringement and takes appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:

DMCA Complaints
Tel: 512.806.1618
Kasita, Inc.
5910 Techni Center Dr.
Austin, Texas 78721.
Email: hello@kasita.com

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider (such as or including Kasita), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Submission infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.

15. Miscellaneous Terms.

(a) Complete Agreement.
This Agreement constitutes the entire agreement between you and Kasita relating to your use of, and access to, the Site and the Services and supersedes any prior or contemporaneous agreements or representations. This Agreement may not be amended except as set forth in Section 1 of this Agreement. For avoidance of doubt, notwithstanding this Section 15(a), this Agreement does not modify, revise, or amend the terms of any other agreements you may have with Kasita.

(b) Construction.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible.

(c) Headings.
Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement.

(d) No Waivers.
Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.

(e) No Assignments and Transfers.
No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express written consent and in our sole discretion.

(f) Language of this Agreement.
Although this Agreement may be translated into other languages, the English language version of this Agreement shall control in any dispute between the parties.

(g) No Third Party Beneficiaries.
Nothing in this Agreement will confer upon any person, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.

(h) Notices.
You can provide any notices to us under this Agreement by e-mail or mail using the contact information provided in Section 16. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your account. You are responsible for providing Kasita with up-to-date contact information, which you may do by updating your account information through the Site or by sending a message to us via the contact information provided in Section 16. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

16. Contact Us.
If you would like to request additional information regarding this Agreement, please contact us at hello@kasita.com. You may also send us mail at Kasita, Inc. at 5910 Techni Center Dr., Austin, Texas 78721.

Last Updated: June 6, 2018