Terms of Use

Welcome to Korr Technologies NYC, LLC. These Terms of Use (“Terms”) are a legal agreement between you and Korr Technologies NYC, LLC, a Delaware limited liability company (“Korr,” “we,” “our,” or “us”), and govern your use of the Korr website (the “Site”) and all content, products, and services available at or through the Site (collectively, the “Services”). Korr is the owner of the Site and the Services or has all necessary rights to license the foregoing.

“You," "your," and similar terms refer to users and potential users (collectively, “Users”) who access or use the Site and/or the Services. Your compliance with these Terms is a condition to your use of the Site and/or Services. If you do not or cannot comply with these Terms you are not permitted to use the Site or the Services.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms. If you do not agree to all of these Terms, then you must immediately discontinue your use of the Site and the Services. If these Terms are considered an offer by Korr, acceptance is expressly limited to these Terms. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH KORR.

If you are entering into these Terms on behalf of a company, organization or other business entity, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company, organization or other business entity.

Scope

When using the Site and/or the Services, you are subject to these Terms as well as any other applicable agreements, policies or guidelines applicable to such features that may be posted from time to time, including the Privacy Policy. All such agreements, policies or guidelines are hereby incorporated by reference into these Terms.

Permitted Use

In order to register as a User, provide Personal Information (as defined in the Privacy Policy) to us, or otherwise use the Site or Services, you hereby represent that:

1. You are eighteen (18) years of age or older. If you are younger than this, you may not register for or use our Site or Services.
2. You agree to these Terms.

Subject to these Terms and any other agreements between us and you, we grant you a limited, personal, revocable, non-exclusive and non-transferable license to use our Site and Services (“Permitted Use”). All intellectual property, ownership and other rights of any kind whatsoever in the Site and Services remain our property and are exclusively owned or licensed by Korr.

Unauthorized Activities

Any use of the Site or Services beyond the Permitted Use is prohibited and constitutes unauthorized use of the Site and/or Services, as applicable.

Unless you have written permission from us stating otherwise, you are not authorized to use the Site or Services in any of the following ways. Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do.

You are not allowed to use the Site or Services:

• In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of the Site or Services;
• In a manner that violates any relevant law or these Terms;
• To stalk, harass, spam, or harm another individual, organization, or business;
• To disclose information that you do not have permission to disclose;
• To impersonate any person or entity, misstate your Personal Information, or otherwise misrepresent your affiliation with a person or entity;
• To interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with the Site or Services;
• To disseminate any viruses, worms, or otherwise harmful code;
• To attempt to gain unauthorized access to any portion of the Site or Services or any other accounts, computer systems, or networks connected to the Site or Services, whether through hacking, password mining, or any other means;
• To disclose any types of information listed in California Customer Records statute (Cal. Civ. Code § 1798.80(e)) or other relevant privacy laws or regulations, including medical or health insurance information, education information, employment information, credit or debit card information, or any other financial information, driver’s license, or other government identification number;
• To disclose or collect any types of information considered to be protected classification characteristics under California or other relevant law, including age (if 40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, and genetic information (including familial genetic information);
• To disclose or collect any information defined by relevant laws as biometric information, or any information that falls within the definition of “special categories of data” under EU Data Protection Laws, “protected health information” under California laws, or any other relevant law or regulations. “Special categories of data” include (but are not limited to) the following information about a person:
  • Race
  • Ethnic origin
  • Sexual orientation and sex life
  • Political and trade union membership
  • Criminal records
  • Health, genetics, and biometric
• To sell illegal goods or services
• To distribute pornography/sexually explicit content
• To promote or support terrorism or violent extremism
• In a way that violates any United States law or regulation, or, if located outside the United States, in a way that violates any law or regulation of such location or country
• To create a competing product or service

In addition to the above, Korr reserves the right to terminate your account at any time at its discretion and without notice.

Unauthorized use of the Site or Services may result in the violation of various United States and international laws, including copyright laws, and may further result in the deletion of your Korr account or a block from using the Site and the Services.

Accounts

You may sign up for an account on the Site. Signing up for an account is free; however, we may also offer various paid subscriptions, premium access or fee-based services. We reserve the right to terminate any accounts that have been inactive for over 6 months. Furthermore, we reserve the right to determine whether or not to approve your proposed account based on our discretion.

As part of the account set up process, we will ask you for your information, including your phone number, username and email address. You agree to provide us with accurate, true, and complete information. Should your information change, you agree to keep it up-to-date.

You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Site and Services. Should you believe your password or security for the Site or the Services has been breached in any way, you must immediately notify us at accounts@korr.co.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Services. Korr reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Policy. You agree to promptly notify Korr in the event that you are made aware of any unauthorized or illegal use of the Site or Services.

Intellectual Property; Feedback

The Site and Services may contain our copyrights, service marks, trademarks or other intellectual property, as well as those of our licensors, affiliates or other companies, in the form of words, graphics, and logos (collectively, “Intellectual Property”). Your use of the Site and/or Services does not constitute any right or license for you to use such Intellectual Property. The copying, redistribution, use, or publication by you of any portion of the Site or Services (without written permission from us) is strictly prohibited. Your use of the Site and/or Services does not grant you ownership rights of any kind in Site or such Services. Your use of the Site and/or Services grants you no right or license to reproduce or otherwise use any Intellectual Property belonging to Korr or its licensors, affiliates, or third-party partners or service providers.

If you provide us with any suggestions for improvement, comments, or other feedback regarding the Site or Services (collectively, “Feedback”), you hereby grant to Korr a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Notices and Messages

By using the Site and/or the Services, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site or Services. These emails are part of your relationship with us.

By signing up for an account, you consent to receive emails and other alerts related to such accounts and/or services (e.g., confirmations and reminders). You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you are able to receive emails from us.

Links to Third Party Websites

The Site and/or Services may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third-party websites. The inclusion of links within the Site and/or Services does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Korr has no control over the legal documents and privacy practices of third-party websites, and by using them, you may be giving those third parties permission to use or control your Personal Information in ways Korr would not. As such, you are solely responsible for your decision to access any third-party websites and you do so at your own risk.

User Submissions

The Services may enable you to send, transmit or post information, opinions, creative suggestions, ideas, notes, concepts, or other materials (each, a “Submission”). By submitting a Submission you accept that any information included in the Submission may be accessed and used by us and/or by other users.

We assume no responsibility for the information in the Submissions. We do not endorse the information contained in the Submissions or guarantee its accuracy or correctness. If you choose to rely on another user’s Submission, you are solely responsible for such decision and you do so at your own risk.

You, and you alone, are responsible for making sure that your Submissions meet the following requirements:

• Your Submissions do not contain any information that may be considered sensitive (including Personally Identifiable Information (PII), passwords, bank account details), or confidential information.
• You have all necessary right and authority to make such Submissions and share the data contained therein and to grant us the right to use such Submissions as we see fit, including to process, transmit, summarize, and combine the data contained therein.
• Your Submissions do not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or any right of confidentiality of any other person or entity.
• Your Submissions do not violate any laws or regulations.
• Your Submissions do not infringe on the rights of others or slander, defame or libel any other person or entity.
• Your Submissions do not contain language that may be misleading or offensive to others.
• Your Submissions do not contain any viruses, adware, spyware, worms, or other harmful or malicious code.

You grant us the right to use your Submissions without any restrictions or compensation to you. This includes, but is not limited to, the right to modify, publish, and display your Submission for any purpose. We may also grant these rights to others.

We reserve the right not to publish a Submission, or to remove a published one, at our own discretion and without notice. We reserve the right, but not the obligation, to review and approve any Submission before publishing it.

We do not guarantee you will be able to edit or remove a Submission. We may provide functionality within the Site or Services to allow you to edit or remove your Submissions. You may also contact accounts@korr.co to request removal of your Submission. If we are unable to remove your Submission, we will let you know.

Access to the Site and Services

You shall be responsible for obtaining, maintaining, and paying related charges for all equipment and services you need to access and use the Site and the Services.

Indemnification

You alone are responsible for any violation of these Terms by you. You agree to indemnify, defend and hold Korr, and its parents, subsidiaries, affiliates, licensors and partners, as applicable, and each of their respective officers, agents and employees, harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to (i) your Personal Information, or the use thereof, including but not limited to allegations that any processing of Personal Information by Korr and/or you under these Terms violates any applicable law or regulation or infringes the privacy or intellectual property rights of a third party, (ii) any Submissions or other content that you disclose to Korr via your use of the Site or Services, (iii) any claim, controversy or dispute alleging that you did not have the right to provide Submissions and/or grant us the rights with respect thereto as contained herein; (iv) your use of or reliance on the Submissions or any other content of any other User, (v) your use of the Site and/or the Services, or the use or access of the foregoing by anyone using your username and password, (vi) your use of or access to any third party software or service utilized in connection with the Site or the Services, (vii) your violation of these Terms or any relevant laws, rules or regulations, including without limitation, any applicable local, state, federal or other laws, rules or regulations of any kind whatsoever, (viii) any infringement by you, or any third party using your account or acting on your behalf, of any intellectual property, property, privacy, or other right of any person or entity, or (ix) any intentional misconduct or negligence by you in using the Site or the Services, or any third party software or service utilized in connection with the Site or the Services.

Intellectual Property Infringement

We take intellectual property rights seriously. If we suspect a User has violated the intellectual property rights of others, by uploading materials or otherwise, we reserve the right to remove that content, and any other content uploaded by that User. We may also revoke the User’s access to the Site and the Services, terminate their account, or utilize any other legal or other remedies available to us.

Pursuant to Title 17 of the United States Code, Section 512, part of the Digital Millennium Copyright Act (DMCA), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by one of our Users, please provide written notice to us for notice of claims of infringement at accounts@korr.co.

To be sure the matter is handled immediately, your written notice must:

• Contain your physical or electronic signature
• Identify the copyrighted work or other intellectual property alleged to have been infringed
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address)
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law
• Contain a statement that the information in the written notice is accurate
• Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner

Unless the notice pertains to copyright or other intellectual property infringement, our agent will be unable to address the listed concern.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:

1. Your physical or electronic signature
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person

We reserve the right, in our sole discretion, to terminate the account or access of any Korr User who is the subject of repeated DMCA or other infringement notifications.

Warranty Disclaimer

THE SITE AND THE SERVICES, AND ALL CONTENT THEREIN, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY OF DATA, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE OR THE SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty (I) THAT the SITE OR THE SERVICES will meet your requirements or will be uninterrupted, timely, secure, or error-free, or that ANY SUCH ERRORS OR defects will be corrected, (II) THAT THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SITE AND THE SERVICES, ARE FREE FROM VIRUSES, HARMFUL COMPONENTS, OR MALICIOUS CONTENT, (III) THAT THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SITE AND THE SERVICES WILL MEET YOUR PERSONAL OR BUSINESS REQUIREMENTS, (IV) as to the results that may be obtained or as to the accuracy or reliability of any information obtained through the SITE OR THE SERVICES, OR (V) THAT THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SITE AND THE SERVICES, WILL BE NON-INFRINGING. No advice or information, whether oral or written, obtained by you through the SITE OR THE SERVICES, or from us or our subsidiaries/other affiliated companies, will create any warranty. We disclaim all equitable indemnities.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SERVICES, AND ANY RELATED SERVICES AND LINKED SITES. KORR DOES NOT WARRANT THAT THE CONTENT OR ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WE ARE NOT RESPONSIBLE FOR THE INFORMATION OR CONDUCT OF THIRD PARTIES AND YOU HEREBY RELEASE KORR FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY OR TO ANY DEGREE CONNECTED WITH ANY CLAIM YOU MAY HAVE OR DEVELOP AGAINST ANY SUCH THIRD PARTIES.

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you.

Limitations of Liability

KORR WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES, OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE OR THE SERVICES. IN NO EVENT WILL KORR BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITIES, REPUTATION, USE, GOODWILL OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER INTANGIBLE LOSSES) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

KORR’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS, THE SITE OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO KORR IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (II) US $100.00.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND KORR AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF KORR HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Some jurisdictions may not allow the Limitation of Liability for certain damages and causes of action, so some of the disclaimers above may not apply to you.

Local Laws; Export Control

We control and operate the Site and the Services from our headquarters in the United States of America and the entirety of the Site and the Services may not be appropriate or available for use in other locations. If you use the Site or the Services outside the United States of America, you are solely responsible for following applicable local laws.

Korr and you shall comply with all relevant United States export control laws and regulations. Without limiting the foregoing: (a) you acknowledge that the Site and the Services may be subject to the United States Export Administration Regulations; (b) you affirm that you are not, and you will not (i) permit Korr Users to access or use the Site or the Services in a United States embargoed country; (ii) permit Korr Users on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists, or (iii) permit Korr Users on the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list; and (c) you are responsible for complying with any local laws and regulations which may impact your right to import, export, access, or use the Site or the Services.

Force Majure

Korr will not be held liable for any delays or failure in performance of any part of the Site or the Services from any cause beyond our control. This includes, but is not limited to, any delay or outage of any computer system, service, electronic device or internet service provider, and any acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, pandemics, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, or acts of hackers or third-party internet service providers.

Survivability

Even if these Terms are terminated, this section and the following sections will continue to apply: “Unauthorized Activities,” “Legal Compliance,” “Intellectual Property; Feedback,” “User Submissions,” “Access to the Site and Services,” “Indemnification,” “Warranty Disclaimer,” “Limitation of Liability,” “Entire Agreement,” “Assignments,” “Severability,” “Interpretation,” “Waiver,” “Further Actions,” “Governing Law,” “Dispute Resolution,” “Mandatory Arbitration Agreement and Class Action Waiver,” and “Changes.”

Entire Agreement

These Terms, and any other agreements incorporated herein, including without limitation, the Privacy Policy, constitute the entire agreement between you and Korr pertaining to the subject matter hereof. Any and all other written or oral agreements existing between the Parties hereto regarding such subject matter are void and of no force or effect.

Assignments

You may not assign any of your rights under these Terms to anyone else. We may assign our rights to any other individual or entity at our discretion.

Severability

If it turns out that a section (or portion thereof) of these Terms is not enforceable, then that section will be removed or edited as little as required to make such section enforceable, and the rest of these Terms will still be valid.

Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms will not affect the way these Terms are interpreted.

Waiver

If we do not immediately take action on a violation of these Terms, such inaction does not constitute a waiver of our rights, we expressly do not give up any rights under these Terms, and we may still take action at any point that we choose.

Further Actions

You hereby agree to provide all documents and to take any actions necessary to meet your obligations under these Terms.

Governing Laws

Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of New York, without regard to principles of conflict of laws. Subject to the “Dispute Resolution” and “Mandatory Arbitration Agreement and Class Action Waiver” sections above, you agree that any Dispute shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. You further consent to service of process via email at the email address(es) provided by you, and you hereby waive any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.

Dispute Resolution

We know that things don’t always go as planned. In the event of any claim, action, controversy, or dispute relating to the Site, the Services, these Terms, or any other dispute between you and Korr (“Dispute”), you and Korr agree to use the following dispute resolution procedure before filing a claim or initiating arbitration:

• The party asserting the Dispute shall provide a written notice describing the facts, circumstances, and any other relevant information to the other party (Notice).
• The notice shall be sent by registered or first class mail.
• The receiving party will be allowed 30 calendar days to respond to (or resolve) the Dispute.

Addresses:

• If the receiving party is Korr, the Notice shall be sent to the following address: 379 W Broadway 2nd Floor, New York, NY 10012.
• If the receiving party is the User, it shall be sent to one or both of the following addresses: (i) the last billing address you used, (ii) your shipping address (if available).

In the event that Korr does not have either of the above addresses for a User, Korr may (but are not obligated to) try to message you using any means of communication you provided and ask for your mailing address. The 30 days response time shall be counted from the day on which Korr has sent you the message asking for your mailing address.

Mandatory Arbitration Agreement and Class Action Waiver

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KORR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

In the event that an attempt to resolve a Dispute pursuant to the previous section is unsuccessful, you and Korr agree to resolve such Dispute by binding arbitration. This agreement to arbitrate Disputes includes all claims arising out of or relating to any aspect of the Site, the Services or these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

Despite the provisions in this section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.

Any arbitration between you and Korr will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Korr.

A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) ("Notice") to the addresses of the parties as set forth in the “Dispute Resolution” section. The Notice must: (a) describe the nature and basis of the claim or Dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Korr may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Korr must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the Dispute is finally resolved through arbitration in your favor, Korr will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Korr in settlement of the Dispute prior to the arbitrator's award; or (iii) $100.

Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Korr for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

YOU AND KORR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Korr agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

If Korr makes any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with Korr (if you had one) will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

If any portion of this binding arbitration provision is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the “Governing Law” section will govern any action arising out of or related to these Terms. The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of this binding arbitration provision.

Changes

We may amend our Terms at any time by publishing revised Terms on the Site and/or upon notice to you. These Terms are current as of the date first set forth above. If you continue to use the Site and/or any Services after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using the Site and the Services. Korr reserves the right to change any and all features of the Site and/or our Services at any time, without notice.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at accounts@korr.co.