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Kiva Terms of Use Agreement

(Last updated 2/24/2014)*

*Changes from the prior version will generally be highlighted below for at least one month.

Welcome to Kiva Microfunds, a California non-profit public benefit corporation (together with its affiliates, officers, directors, agents, employees, representatives, partners and their respective affiliates, collectively, "Kiva"). This Terms of Use ("Agreement") is a contract between you ("you") and Kiva and governs your access and use of the kiva.org website and all other websites owned and operated by Kiva that have this Agreement posted (collectively, the "Website"), including, but not limited to, all transactions conducted on the Website and all Kiva services provided in connection with the Website. By accessing or using the Website, you signify that you have read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy), and you agree to be bound by this Agreement, whether or not you participate in Kiva's microlending program or related programs, services or activities (collectively, the "Program") or otherwise access or use the Website (in each such capacity, a "User"). If you do not agree with all of the terms and conditions in this Agreement, please do not participate in the Program or access or use the Website.

This Agreement supersedes any previous agreement to which you and Kiva may have been bound. This Agreement may be modified by Kiva in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Kiva on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Kiva account, if any, as outlined in Section 9 below, and please immediately stop participating in the Program and accessing and using the Website.

This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Kiva has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

You may receive a written copy of this Agreement by emailing us at: contactus@kiva.org, Subject: Kiva Terms of Use Agreement.

This Agreement is divided into the following 11 sections:

1. Participation in the Program
2. Proprietary Rights
3. Acceptable Use
4. Disclaimers
5. Limitation of Liability
6. Disputes with other Field Partners, Borrowers
7. Governing Law; Resolution of Disputes; Arbitration and Waivers
8. Indemnity
9. Term; Termination
10. Kiva Resources; Independent Kiva Events
11. Entire Agreement; Severability