1. Agreement to Terms

By accessing, browsing, or using the Kaiban Consulting LLC website located at kaibanconsulting.com (the "Site"), you confirm that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and by the Kaiban Privacy Policy incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease use of the Site.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Kaiban Consulting LLC, a Virginia limited liability company ("Kaiban," "we," "us," or "our"). Your continued use of the Site after any posted modification to these Terms constitutes acceptance of the modified Terms.

These Terms govern use of the public-facing Site only. Consulting engagements, proposals, statements of work, and related commercial relationships are governed separately by executed engagement agreements, NDAs, and statements of work, which control in the event of any conflict with these Terms.

2. Permitted Use

You may access and use the Site solely for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any manner that violates applicable federal, state, or local law or regulation.

• Use the Site to transmit, upload, or publish any content that is unlawful, infringing, defamatory, obscene, harassing, or threatening.

• Attempt to gain unauthorized access to any portion of the Site, its servers, or any system connected to the Site.

• Engage in automated data collection, scraping, crawling, harvesting, or extraction of content from the Site without prior written authorization.

• Use the Site to distribute unsolicited commercial communications (spam).

• Interfere with or disrupt the integrity, performance, or security of the Site or its infrastructure.

• Reverse engineer, decompile, or disassemble any software used to operate the Site.

• Impersonate any person, entity, or Kaiban representative, or misrepresent your affiliation with any person or entity.

3. Intellectual Property

All content, materials, text, graphics, logos, trademarks, service marks, trade dress, methodologies, proprietary frameworks, designs, software, and other elements displayed on or accessible through the Site ("Kaiban Content") are owned by or licensed to Kaiban Consulting LLC and are protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable license to access and view the Site and its Content solely for your own informational or evaluation purposes in connection with a potential business relationship with Kaiban. This license does not permit you to:

• Copy, reproduce, modify, distribute, publicly display, publicly perform, transmit, or create derivative works of any Kaiban Content without prior written consent.

• Remove or alter any copyright, trademark, or other proprietary notice from any Kaiban Content.

• Use Kaiban Content for commercial purposes or in any manner not expressly authorized by these Terms.

All rights not expressly granted herein are reserved by Kaiban.

4. User-Submitted Content

If you submit content to Kaiban through the Site — including inquiries, proposals, contact form submissions, uploaded files, or other communications — you represent and warrant that: (a) you have all rights necessary to submit such content; (b) the content does not infringe any third-party intellectual property rights; (c) the content does not contain personally identifiable information about third parties whose submission is not authorized; and (d) the content complies with all applicable laws.

By submitting content, you grant Kaiban a limited, non-exclusive license to use, store, process, and reference that content solely for the purpose of responding to your inquiry, evaluating a potential engagement, and performing any resulting services, consistent with the Kaiban Privacy Policy.

Kaiban does not claim ownership of user-submitted content, and user data remains subject to the Privacy Policy.

5. Disclaimer of Warranties

THE SITE AND ALL KAIBAN CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR COMPLETENESS.

KAIBAN DOES NOT WARRANT THAT: (a) THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (b) DEFECTS WILL BE CORRECTED; (c) THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR (d) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

NOTHING ON THE SITE CONSTITUTES LEGAL, FINANCIAL, TAX, OR PROFESSIONAL ADVICE OF ANY KIND. CONTENT ON THE SITE IS FOR GENERAL INFORMATIONAL AND MARKETING PURPOSES ONLY. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS BEFORE ACTING ON ANY INFORMATION FOUND ON THE SITE.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) KAIBAN'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY CONTENT OR SERVICES ACCESSED THROUGH THE SITE SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL FEES PAID BY YOU TO KAIBAN IN THE 12 MONTHS PRECEDING THE CLAIM; OR (ii) ONE HUNDRED DOLLARS ($100.00) FOR CLAIMS ARISING FROM WEBSITE-ONLY INTERACTIONS WHERE NO PAID ENGAGEMENT EXISTS.

(b) IN NO EVENT SHALL KAIBAN, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM — ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF KAIBAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Virginia law generally enforces limitation of liability clauses in commercial agreements. These limitations apply to all claims whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory.

7. Indemnification

You agree to indemnify, defend, and hold harmless Kaiban Consulting LLC and its members, managers, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Site in violation of these Terms; (b) your violation of any applicable law or regulation; (c) content you submit to the Site that infringes third-party rights or violates applicable law; or (d) your misrepresentation of any information provided to Kaiban through the Site.

8. Third-Party Links and Services

The Site may contain links to third-party websites, tools, scheduling platforms, or services not owned or controlled by Kaiban. Kaiban is not responsible for the content, privacy practices, security, or availability of any third-party site or service, and the inclusion of any link does not constitute an endorsement. Your use of third-party sites is at your own risk and subject to the terms and privacy policies of those third parties.

9. DMCA Copyright Compliance

Kaiban respects intellectual property rights and expects users to do the same. If you believe that material accessible on the Site infringes your copyright, you may submit a notice of claimed infringement to Kaiban's designated DMCA agent at the contact address below, in accordance with the requirements of 17 U.S.C. § 512. Your notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and its location on the Site; (c) your contact information; (d) a statement of good-faith belief that use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act.

DMCA Agent: Talon Rice, CEO Email:support@kaibanconsulting.comAddress: Kaiban Consulting LLC, Midlothian, Virginia

10. Privacy Policy

Your use of the Site is also governed by the Kaiban Privacy Policy, incorporated herein by this reference. By using the Site, you consent to the collection, use, and disclosure of information as described in the Privacy Policy.

11. Governing Law; Venue; Dispute Resolution

Governing Law. These Terms and any dispute arising from them or from your use of the Site are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles, except where preempted by applicable federal law.

California Residents — Unwaivable Statutory Rights Carve-Out. Notwithstanding the Virginia governing law election above, if you are a California resident and your claim arises under a California statute that expressly grants you rights that cannot be waived by contract — including but not limited to the California Consumer Privacy Act/California Privacy Rights Act (CCPA/CPRA), Civil Code § 1798.100 et seq. — those statutory rights are preserved. Nothing in these Terms is intended to waive, diminish, or limit any rights you hold as a California resident that California law deems non-waivable. Kaiban will honor CCPA/CPRA rights requests from California residents as described in the Privacy Policy, regardless of governing law.

Venue. Subject to the California carve-out above and to mandatory arbitration below, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts of Chesterfield County or the City of Richmond, Virginia. You irrevocably consent to the personal jurisdiction of those courts.

Informal Resolution. Before initiating formal proceedings, both parties agree to attempt good-faith informal resolution for 30 days following written notice of a dispute.

Arbitration. Any dispute arising from or related to these Terms or the Site that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in Richmond, Virginia. Each party bears its own costs unless the arbitrator awards costs to the prevailing party. Either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration or to enforce an arbitration award.

Class Action Waiver. To the maximum extent permitted by law, you waive any right to bring or participate in a class or representative action against Kaiban in any forum. This waiver does not apply where prohibited by applicable law.

12. Modifications to the Site and Terms

Kaiban reserves the right, in its sole discretion, to modify, suspend, or discontinue the Site or any portion of it at any time without notice or liability. Kaiban may also modify these Terms at any time by posting the updated Terms to the Site with a revised effective date. Your continued use of the Site after any such modification constitutes acceptance of the updated Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

14. Entire Agreement

These Terms, together with the Kaiban Privacy Policy and any applicable engagement agreement or statement of work, constitute the entire agreement between Kaiban and you with respect to the Site. In the event of a conflict between these Terms and a signed engagement agreement or statement of work, the engagement agreement or statement of work controls.

15. Contact

Kaiban Consulting LLC Midlothian, Virginia Email: support@kaibanconsulting.com