Terms and Conditions ("Terms")
THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH AIRBNB ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
K, Online Inc. (“us”, “we”, or “our”) provides an online platform that connects people, events, locations and services through online tools and information. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the mobile application or services (the "Service") operated by K,. By accessing or using the Service you agree to be bound by these Terms, whether you register for K, or not. If you disagree with any part of the terms then you may not access or use the Service.
Eligibility and Registration
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
Our Relationship and links to Other Web Services
These Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you and K,. Our Service may contain links to third-party web Services or services, including purchases, that are not owned or controlled by K, Corporation. K, Corporation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web Services or services. You further acknowledge and agree that K Corporation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such
The use of the Service granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Service nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission.
Unauthorized uses of the Service also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
Termination of Use
Notwithstanding any of these Service Terms, K, Corporation reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Service.
You agree to defend, indemnify and hold harmless K, Corporation, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and third party service providers against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Service, your conduct, your use or inability to use the Service, your breach or alleged breach of the Service Terms or of any representation or warranty contained herein, your unauthorized use of the Content, or your violation of any rights of another.
Limitation of Liability
IN NO EVENT SHALL K, CORPORATION, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM K, CORPORATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO K, CORPORATIONS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF K, CORPORATION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO K, CORPORATION FOR ACCESS TO OR USE OF THE SERVICE.
We may modify the Terms from time to time. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Unless you opt out of the Arbitration Agreement in accordance with the procedure described below, you agree that any and all disputes or claims that arise between you and K,, interactions with others on the K, Platform or Services, and/or these Terms (including any alleged breach of these Terms) (all such disputes and claims, “Claims”) will be resolved exclusively as set forth in this Arbitration Agreement. Unless you opt out of the Arbitration Agreement in accordance with these Terms, you agree that any and all Claims will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND K, AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH THESE TERMS, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND K, CONSENT, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT BENEFIT OR IMPACT OTHER K, USERS.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 17. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law.
The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or K, may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and K,.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Arbitration Agreement. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of these Terms. For new K, users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current K, user and previously accepted K, Terms, the Opt-Out Notice must be postmarked no later than May 30, 2017. You must mail the K, Online Inc., at 9848 Vineyard Crst, Bellevue, WA 98004 USA. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for K, Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
Governing Law and Jurisdiction.These Terms, and any dispute between you and K,, will be governed by the laws of the State of Washington, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for the small-claims court actions anticipated by the Arbitration Agreement), either as a result of your decision to opt out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that arises between you and K, must be resolved exclusively by a state or federal court located in the State of Washington. You and K, agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all such claims or disputes. Contact Us If you have any questions about these Terms, please contact us. firstname.lastname@example.org