Terms of Use

Last updated: July 15, 2008

BY CLICKING THE "I AGREE" BUTTON (OR ANY SIMILAR BUTTON), YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU HAVE PROVIDED TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS) AS PROMPTED BY THE SERVICE REGISTRATION FORM, THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO AND PERFORM THESE TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

1. Acceptance of Terms

Level2Realty, Inc., doing business as Krunching ("Krunching"), is a licensed real estate broker in various states. In connection with its real estate brokerage services, Krunching operates a web application located at www.krunching.com (including any successor web site, the "Krunching Website") that provides real estate market data, analysis tools, and community features to real estate investors and other real estate professionals to help them evaluate potential real estate transactions (collectively, the "Service"). These Terms of Use are a legal agreement (the "Agreement") between you and Krunching governing your access to and use of the Service, which includes any software related to the Service (the "Software"). The Service is offered to you conditioned upon your acceptance, without modification, of this Agreement. Your use of the Service constitutes your acceptance of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICE. Krunching reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice, and such modifications will be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing this Agreement and any changes made to this Agreement. You can review the most current version of this Agreement at any time at: http://www.krunching.com/info/terms_of_use.php. If you do not agree to any terms of this Agreement, or any future changes made by Krunching, your sole and exclusive remedy is to stop using the Service. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service will be subject to this Agreement.

2. Classes of Service

Krunching offers three classes of the Service. The Basic Service is free, does not require you to register with Krunching, and includes a certain set of tools and content (including MLS listings). The "Beginner Investor Service" is also free, requires you to register with Krunching, and includes a more robust set of tools and content than the Basic Service (including MLS listings). The "Professional Investor Service" costs $39.95 per month, requires you to register with Krunching, and includes the full bundle of our tools and content.

3. License to the Service

Krunching grants you a personal, limited, revocable, non-transferable and non-exclusive right and license to access the Service, through a compatible Internet browser or other remote Internet interface, and use the Service for your personal, noncommercial use for the purpose of evaluating properties for sale or purchase. You may not authorize or enable any other person to use the Service, the Content, or your Account (as defined in Section 4). Krunching reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole and absolute discretion.

4. Registration

To use the Service, you must either be (a) a prospective purchaser or seller of real property in the geographic areas where Krunching is licensed and operating and have a bona fide interest in the purchase or sale of such real property (a "Consumer") or (b) a real estate broker, associate broker, agent, salesperson, or similar state licensed real estate professional (collectively, "Real Estate Professionals").

If you are enrolling in the Professional Investor Service, you must provide us with certain registration information, and you must create a user profile that includes your personal preferences. As part of the registration process, you will select a user name and password for your account ("Account"). You will periodically be asked to select a new password. You may not (a) select or use a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; or (c) use a user name that Krunching, in its sole discretion, deems inappropriate or offensive. You agree to (x) provide true, accurate, current and complete information as prompted by the Service's registration process (collectively, the "Registration Data") and (y) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You will maintain a valid email address at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Krunching has reasonable grounds to suspect that you have done so, Krunching has the right to suspend or terminate your Account and prohibit you from continuing to use the Service.

5. User Account, Password, and Security

You are responsible for maintaining the confidentiality of your user name, password and other Account information. You agree to be responsible for any and all use of your Account by you or any people using your Account to access the Service (which is a violation of this Agreement). You agree to immediately notify Krunching of any unauthorized use of your Account or any other breach of security. Krunching will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Charges; Billing; Trial Periods

6.1. If you have registered for a class of the Service that is not free (e.g., the Professional Investor Service), (a) you must provide Krunching with all information necessary to charge your designated credit or debit card and (b) you hereby authorize Krunching to charge your designated, valid, and current credit or debit card on a monthly basis, in advance, for all applicable subscription fees, unless your Account has been cancelled in accordance with the terms of this Agreement. Krunching accepts Visa, MasterCard, and American Express. You must cancel your subscription to the Service at least three (3) days before a charge is scheduled to be submitted to your credit or debit card company in order to avoid being charged the subscription fee for the following month. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. If you register for a free trial of any class of the Service, after the trial period ends, your Account will automatically be renewed and billing will continue at the then-current prices for the Service. You must notify Krunching of any billing problems or discrepancies within sixty (60) days after the applicable charges first appear on your credit or debit card account statement. If you fail to notify Krunching writing such sixty (60) day period, you waive your right to dispute the applicable charges.

6.2. Any monthly subscription fees are non-refundable, even if your Account is cancelled before the end of the then-current monthly billing period and even if you cancel your Account for cause. If you have paid for more than one month of the Service in advance and you cancel your Account, any unearned prepaid fees will be refunded based on the number of months remaining in the contract period, beginning with the month following KrunchingÕs receipt of a cancellation notice from you. However, the return of any prepaid fees will be subject to adjustment according to current monthly product pricing and for any incentives or discounts provided for such prepayment. In addition, if you cancel a prepaid subscription prior to the end of its prepaid term, you will also be subject to a $15 processing fee. No partial month refunds will be provided.

6.3. You must notify Krunching of any changes or updates to your credit or debit card information or status, including any expiration of the card. Krunching may cancel your Account (i.e., your access to the Service) without notice if Krunching is unable to charge your credit or debit card on file for any reason. Changes to your credit/debit card information may be made online via the "My Account" tab on the Krunching Website.

6.4. Krunching reserves the right to (a) begin charging for any class of the Service in the future and (b) change its subscription fees or billing methods at any time. However, Krunching will provide you with reasonable notice prior to making any such changes that would affect your Account.

7. Term; Termination

7.1. This Agreement, and any posted revisions to this Agreement, will remain in full force and effect indefinitely, even after you have stopped using the Service.

7.2. Krunching may terminate or suspend your Account or your access to the Service at any time, in its sole and absolute discretion, with or without prior notice. If Krunching terminates your Account because you breached this Agreement or any related agreements or guidelines, Krunching will have no obligation to refund any credit balance or pre-paid fees to you. You agree that Krunching will not be liable to you or any third-party for any termination of your Account.

7.3. You may cancel your Account at any time, with or without cause. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Krunching. KrunchingÕs obligations to refund any prepaid fees upon cancellation of your Account are governed by Section 6.2.

7.4. Upon termination or cancellation of your Account by Krunching or you for any reason, Krunching reserves the right to (i) collect all charges or fees incurred or accrued by you through the termination/cancellation date; (ii) prohibit you from accessing your Account, including, without limitation, by deactivating your password; and (iii) refuse you future access to the Service.

8. Privacy Policy

All Registration Data and certain other information about you are subject to our Privacy Policy. You should review the entire Privacy Policy at http://www.krunching.com/info/privacy.php, which is hereby incorporated into this Agreement.

9. User Conduct

You agree to comply with all laws, regulations and ordinances in connection with your use of the Service. You agree not to engage in any of the following activities in connection with your use of the Service:

  • (a) use the Service or any Content thereon for any unlawful purpose or in violation of any applicable law, rule, or regulation;
  • (b) modify, reproduce, reformat, duplicate, copy, frame in another web page, or create derivative works based on the Service or any portion thereof or any Content (as defined in Section 10.1) contained therein;
  • (c) sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, convey, distribute, otherwise exploit, or grant rights in any manner to the Service (or any portion thereof), your Account, or your password to any third-party;
  • (d) access the Service by any means other than through the interface that is provided by Krunching for use in accessing the Service;
  • (e) criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, or theft of trade secrets;
  • (f) circumvent, modify, or interfere with, attempt to circumvent, modify, or interfere with, or encourage or assist any other person to circumvent, modify, or interfere with any security measures, technology, or software that is part of the Service;
  • (g) activity that involves the use of software viruses, worms, spyware, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • (h) any automated use of the Service;
  • (i) damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with any other party's use and enjoyment of the Service;
  • (j) impersonating or attempting to impersonate another person or entity;
  • (k) using the Account, username, or password of another person at any time or disclosing your password to any third party or permitting any third party to access your account;
  • (l) using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  • (m) allow usage of the Service by others in such a way as to violate this Agreement;
  • (n) use the Software or the Service for fraudulent purposes;
  • (o) create links from any web page to any page within the Krunching Website other than the home page;
  • (p) engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining information from the Krunching Website;
  • (q) place the Krunching Website, or any Content thereon, in a frame or a reduced pop-up window or any other display mechanism that changes the appearance of the Content from how it would appear if a user typed the site's URL in a typical browser address bar; or
  • (r) attempt to decompile, reverse engineer, disassemble, modify, hack, or create derivative works from the Service or the Software, or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Service or the Software.

Krunching reserves the right to investigate and take appropriate legal action against anyone who, in Krunching's sole discretion, violates this Section 9, including without limitation, reporting a user to law enforcement authorities and terminating or suspending such user's right to use the Service.

10. Content

10.1 The Service contains information, data, text, calculations, software, music, sound, photographs, graphics, videos, messages, advertising, links to web sites, or other materials or information provided by Krunching ("Krunching Content") and by third-parties ("Third-Party Content"; and, together with Krunching Content, the "Content"). Third-Party Content is not under the control of Krunching, and Krunching is under no obligation to pre-screen or update Third-Party Content. Krunching and our Third Party Content Providers do not (a) guarantee the accuracy, timeliness, completeness, or correct sequencing of any Third-Party Content or (b) warrant any results from your use or reliance on Third-Party Content. Third-Party Content may quickly become unreliable for various reasons including changes in market conditions or economic circumstances. Krunching is not responsible or liable, directly or indirectly, for any Third-Party Content or for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any Third-Party Content or for any termination, interruption, delay, or inaccuracy of any Third-Party Content. Krunching is providing such Third-Party Content to you only as a convenience, and the inclusion of Third-Party Content does not imply endorsement by Krunching of the Third-Party Content or the provider thereof ("Third-Party Content Supplier"). Krunching reserves the right (but has no obligation) to remove Third-Party Content that, in Krunching's judgment, does not meet its standards or is outdated, but Krunching will not be responsible for any failure or delay in removing such Third-Party Content.

10.2 Without limiting the generality of the foregoing, Krunching does not warrant the accuracy or relevance, or suitability of any financial calculations made available on the Service. Any such financial calculations are not an offer to lend. Any interest rates used in calculations made on the Service are for demonstration purposes only, as actual market interest rates may vary.

10.3 The Service may include links to third-party products, services, and websites. Krunching does not endorse, and takes no responsibility for, any such products, services, and websites. You agree to hold harmless and release Krunching (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with a third-party product, service, or website.

11. Limited Nature of the Service

The Service, including any Content, features, and tools contained in the Service, are for information and education purposes only. The tools provided by the Service contain assumptions regarding depreciation, taxes, and other items, which will affect the calculations performed by the Service. Although the Service may provide information relating to investment approaches, you should not construe any Content, features, or tools available on the Service as legal, tax, investment, financial or other advice. If you are contemplating conducting any real estate transaction, Krunching strongly recommends that you should consult with a Krunching Real Estate Professional, aqualified attorney, accountant, and financial advisor before making any decision or taking any action. Nothing contained in the Service or the Content constitutes a solicitation, recommendation, endorsement, or offer by Krunching or a Third-Party Content Supplier to buy or sell any real estate assets. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Service and the Content before making any decisions based thereon. In exchange for using the Service, you agree not to hold Krunching or any Third Party Service Provider liable for any possible claim for damages arising from any decision you make based on Content, features, or tools made available to you through the Service.

12. Advertisements and Promotions

Krunching reserves the right to include advertisements and promotions on the Krunching Website. You understand and agree that the Service may include certain communications from Krunching, such as service announcements, administrative messages and Krunching newsletters, and that these communications are considered part of the Krunching Service. However, you will be able to opt-out of receiving Krunching newsletters.

13. Krunching's Proprietary Rights

As between Krunching and you, all right, title and interest in and to the Service (or any portion thereof) and any Content delivered in connection with the Service (including any intellectual property rights to the Service and the Content) will remain the sole property of Krunching. You may not copy, use, or incorporate any of the Content on the Service into any other work, including your own site, or use such Content in any other public or commercial manner.

14. Internet Data Exchange and Virtual Office Website Requirements

14.1 Before using the Service, you are obligated to open and read this Agreement.

14.2 If you are a Consumer, you acknowledge that, by entering into this Agreement, you are establishing a lawful consumer-broker relationship with Krunching, as that relationship may be defined under applicable state law.

14.3 All Content (including MLS listings) obtained or viewed on the Service is intended only for your personal, non-commercial use and may not be used for any purpose other than to identify prospective properties Consumers may be interested in purchasing.

14.4 If you are a Consumer, you represent that you have a bona fide interest in the purchase, sale, or lease of real estate in a geographic area where Krunching is licensed and operating as a real estate broker.

14.5 You agree not to copy, redistribute, or retransmit any Content (including MLS listings) you obtain or view on the Service.

14.6 You acknowledge that all real estate listing data provided by the Service (and the database from which such real estate listing date originates) is owned and validly copyrighted by the Multiple Listing Service (MLS) provider who provided such data to Krunching.

14.7 Any Multiple Listing Service (MLS) that provides real estate listing data for use on the Service, any real estate broker who qualifies as a “Participant” under any MLS rules and regulations, and any duly authorized representative of such real estate brokers may access the Krunching Website for the purposes of verifying compliance with MLS rules and monitoring display of MLS listings by Krunching.

14.8 If you believe that any property data or information provided on the Service that is beyond what is supplied by an MLS is inaccurate, please contact us at Level2Realty, Inc., 8721 Santa Monica Blvd., Suite 1211, Los Angeles, CA 90069; Phone: (424) 204-1400; Facsimile: (424) 204-1399. In such case, Krunching will evaluate whether such data or information should be corrected or removed from the Service.

15. Indemnification

You hereby agree to indemnify, defend and hold harmless Krunching and its suppliers (including Third-Party Content suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising out of (a) your use of the Service (including, without limitation, the Software); (b) your breach of any representations, warranties or covenants in this Agreement; (c) your acts and omissions; and (d) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. Krunching reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Krunching in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Krunching or Krunching or any of their respective suppliers (including Third-Party Content suppliers), affiliates, partners, subsidiaries and employees.

16. Information for California Residents

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights information: (a) The Service is provided by Krunching located at 8721 Santa Monica Blvd., Suite 1211, Los Angeles, CA 90069, Phone: (424) 204-1400. (b) You may contact Krunching at the address in subsection (a) immediately above with complaints or to request additional information about the Service. Also, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

17. Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send KrunchingÕs Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Krunching's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Krunching, 8721 Santa Monica Blvd., Suite 1211, Los Angeles, CA 90069; Phone: (424) 204-1400; Facsimile: (424) 204-1399; Attn: Copyright Agent. Krunching

18. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE AND THE CONTENT ON THE SERVICE IS AT YOUR SOLE RISK. KRUNCHING AND ITS SUPPLIERS (INCLUDING THIRD-PARTY CONTENT SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, CALCULATIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KRUNCHING AND ITS SUPPLIERS (INCLUDING THIRD-PARTY CONTENT SUPPLIERS) MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE CONTENT ON THE SERVICE WILL BE ACCURATE OR COMPLETE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.

19. MLS DISCLAIMERS

The Multiple Listing Service (MLS) that provides any real estate listing data on the Service is generally identified on listing results pages. Listing data is deemed reliable, but not guaranteed. All properties are subject to prior sale, change or withdrawal.

20. LIMITATION OF LIABILITY

IN NO EVENT WILL KRUNCHING OR ANY OF ITS SUPPLIERS (INCLUDING THIRD-PARTY CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, EVEN IF KRUNCHING OR ANY OF ITS SUPPLIERS (INCLUDING THIRD-PARTY CONTENT SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KRUNCHINGÕS AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED $500.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

21. Independent Review

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

22. Notices

Statements, notices and other communications to you may be made by mail, email, postings within your Account or on the Service, or other reasonable means. You will be solely responsible for keeping your email and postal addresses updated on your Account. Krunching will not be responsible for any undelivered notices caused by your failure to update such information.

23. Choice of Law; Venue

This Agreement will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You will bring any action to enforce this Agreement or in connection with any matters related to the Service only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the exclusive jurisdiction of said courts and waive all venue, jurisdiction and choice of law challenges or defenses. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.

24. Trial by Jury

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

25. General

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Krunching may assign this Agreement, in whole or in part, at any time with or without notice to you. You will not assign this Agreement, by operation of law or otherwise, without prior written approval of Krunching, and any such attempted assignment will be void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. The failure of Krunching to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement sets forth the entire understanding and agreement between Krunching and you with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Krunching with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. No party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

Please contact us at 8721 Santa Monica Blvd., Suite 1211, Los Angeles, CA 90069 or info@krunching.com with any questions regarding this Agreement.