Terms of Use

Welcome to kimkim! These Terms of Use ("Terms") apply to your access to and use of the website, mobile application and other online products and services (collectively, our "Services") provided by kimkim, Inc. ("kimkim," "we," "us" or "our"). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with kimkim for products, services or otherwise. If you have any question regarding the use of our Services, please contact kimkim at team@kimkim.com.

1. Eligibility, Registration and Account
   1. You represent and warrant that you (i) are 18 years of age or older, (ii) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (iii) do not have more than one kimkim account, and (iv) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
   2. If you are using the Services on behalf of an entity, (i) you represent and warrant that you are authorized to bind the entity to these Terms, (ii) all references to "you" will refer to you and such entity, and (iii) such entity agrees to be responsible for you and any other user that accesses the Services on its behalf, including for your and their compliance with these Terms.
   3. In order to access or use certain areas and features of our Services, you will need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update your account information; (iii) maintain the security of your account, including by not sharing your password with others and restricting access to your account and the computer or device you use to access the Services; and (iv) promptly notify kimkim if you discover or otherwise suspect any security breaches related to our Services or your account.
2. Terms for Local Operators

   In addition to these Terms, local operators who use our Services ("Local Operators") to offer travel products and services to other users of our Services ("Travelers"), are subject to additional terms. If you use our Services as a Local Operator, you agree to be bound by the Local Operator Agreement (available at: www.kimkim.com/local-operator-agreement) ("Local Operator Agreement").

3. Terms for Travelers

   The terms of this Section 3 apply when you use the Services as a Traveler.

   1. Trip Packages. The Services enable you to interact with kimkim staff or Local Operators who may help you to arrange reservations in connection with your trip to a specific destination (each, a "Trip Package"). Trip Packages may include just hotel reservations or may also include a range of other items, such as reservations for events, rentals or guides. When you purchase a Trip Package arranged by kimkim staff, we will sell you the Trip Package via the Services and then use the funds from such purchase to book the associated reservations. When you purchase a Trip Package arranged by a Local Operator ("Local Operator Trip"), we save you the hassle of separately transacting with a Local Operator by purchasing the Local Operator Trip from the Local Operator and reselling the Local Operator Trip to you via the Services. While you purchase Local Operator Trips from us via the Services, you agree that Local Operators are solely responsible for the Local Operator Trips, including for fulfilling all items purchased in connection with a Local Operator Trip, and that you will look solely to Local Operators to resolve any disputes you may have regarding a Local Operator Trip. That said, if you have any problems with a Local Operator or a Local Operator Trip, please do contact us at team@kimkim.com, as we may be able to help resolve the problem.
   2. Our Platform. Our Services offer tools, resources and a venue to connect Travelers with Local Operators seeking to provide travel products and services. kimkim: (i) does not employ, recommend or endorse any Local Operator and has no control over the acts or omissions of any Local Operator; (ii) is not responsible or liable in any manner for the conduct of any Local Operator or other third parties online or offline; (iii) makes no representations or warranties about the quality of the services provided by any Local Operator or about your interactions or dealings with any Local Operator; and (iv) does not screen Local Operators or automatically conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on our Services. Regardless of whether kimkim screens Local Operators or performs a background check, you should exercise caution and perform your own screening before connecting with Local Operators through our Services, meeting anyone, hiring Local Operators or purchasing their services. kimkim hereby expressly disclaims, and you hereby expressly release kimkim from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other Local Operators, including any acts or omissions of Local Operators online or offline. All use of our Services is at your sole and exclusive risk.
   3. Fees. The fees payable in connection with your purchase of any Trip Package ("Fees") will be specified via the Services. All Fees are denominated in U.S. dollars (except as otherwise indicated) and are exclusive of any applicable taxes.
   4. Payment Method. You may only pay Fees using valid payment methods acceptable to us, as specified via the Services. You represent and warrant that you are authorized to use the payment method you designate via the Services. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your purchase may be suspended or cancelled.
   5. Taxes. You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of a Trip Package. We will collect applicable sales tax if we determine that we have a duty to collect it, and will provide notice of such taxes at the time you place your order.
   6. No Refunds. Except as provided in Section 3(G), or as otherwise expressly agreed upon by kimkim, all sales of Trip Packages via the Services are final and there are no refunds.
   7. Errors. In the event of an error in connection with the pricing or charging of a Trip Package, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any billing error within 120 days of the date of the billing statement in which such error first appeared.
   8. Credit Card Chargebacks. You, the Traveler, have the ability to dispute charges with credit card companies (“chargebacks”). If you have a question about a charge on your credit card statement, you agree to contact kimkim prior to disputing a charge with your credit card company to discuss any questions or concerns about your charges with us. Kimkim will work with you in resolving your concerns. Kimkim retains the right to dispute any chargeback that it believes is improper, as described more fully below. Kimkim also retains the right to cancel any Trip Package in the event of a chargeback related to that Trip Package. By using our service to make a travel reservation with a Local Operator, you accept and agree to the relevant cancellation policy of that Local Operator. In all cases, the cancellation policy of each purchase is made available on our website. Please note that certain Trip Packages are not eligible for cancellation or change. Kimkim deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from You, the Traveler.
      • Chargebacks resulting from the purchase of a non-refundable Trip Packages in the event that Kimkim or the Local Operator cannot provide a refund, whether or not the Trip Package is used.
      • Chargebacks arising from the Local Operator’s failure to deliver a Trip Package in a manner that’s consistent with the Local Operator’s product description.
      • Chargebacks resulting from force majeure, including but not limited to pandemics, natural disasters, political unrest and border closings or other circumstances that are beyond the control of Kimkim or its Local Operators.
   9. Hotel Supplier Terms and Conditions. You agree to abide by the following hotel terms and conditions: http://developer.ean.com/terms/en/
4. User Interactions Release

   You hereby expressly release kimkim from any and all liability, controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users, Local Operators, Travelers or other third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other similar statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

5. Copyright and Limited License
   1. Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the kimkim logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Service Materials") are the proprietary property of kimkim or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
   2. You are granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use our Services and Service Materials. However, such license is subject to these Terms and does not include any right to: (i) sell or resell our Services or the Service Materials; (ii) collect and use any product listings, pictures or descriptions; (iii) distribute, publicly perform or publicly display any of the Service Materials; (iv) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (v) use any data mining, robots or similar data gathering or extraction methods; (vi) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by kimkim; or (vii) use our Services or the Service Materials other than for their intended purposes. Any use of our Services or the Service Materials other than as specifically authorized herein, without the prior written permission of kimkim, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
   3. Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by kimkim or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
6. Copyright Complaints
   1. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, kimkim has adopted a policy of terminating, in appropriate circumstances and at kimkim's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Kimkim may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
   2. kimkim respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may file a notification of such infringement with kimkim’s Designated Agent as set forth below:

      Designated Agent:	Joost Schreve
      Address	5398 Manhattan Cir Boulder, CO 80303
      Telephone Number:	650-283-8692
      Fax Number:	650-283-8692
      E-Mail Address:	dmca@kimkim.com

   3. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by kimkim or the alleged infringer as the result of kimkim’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
7. Trademarks

   "kimkim," the kimkim logos and any other product or service name or slogan contained on our Services are trademarks of kimkim and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of kimkim or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing "kimkim" or any other name, trademark or product or service name of kimkim without kimkim’s prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of kimkim and may not be copied, imitated or used, in whole or in part, without kimkim’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by kimkim.

8. Third-Party Content

   Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social "widgets" (collectively, "Third-Party Content"). kimkim does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that kimkim is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement or adoption by kimkim of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. kimkim is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you leave our Services, you should understand that kimkim’s terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate from our Services.

9. User Content and Interactive Areas
   1. Our Services include interactive areas and features ("Interactive Areas") that allow you or other users to create, post, share or store any content, messages, text, photos, videos and other materials (collectively, "User Content"). In the event you decide to share your User Content with others through our Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you may be able to establish. You are solely responsible for your User Content and for your use of any Interactive Areas.
   2. You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Services any of the following:
      • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
      • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
      • User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
      • User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
      • User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information without that person’s permission;
      • User Content that impersonates or misrepresents your affiliation with any person or entity;
      • Unsolicited promotions, political campaigning, advertising or solicitations;
      • Viruses, corrupted data or other harmful, disruptive or destructive files or content; and
      • User Content that, in the sole judgment of kimkim, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Services, or which may expose kimkim or its users to any harm or liability of any type.
   3. kimkim does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of our Services and the Interactive Areas and use them at your own risk.
10. Rights to User Content
    1. kimkim claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and kimkim. However, if you submit or post User Content to our Services, unless kimkim indicates otherwise, you grant kimkim a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with kimkim’s marketing and promotional activities. You further grant kimkim and kimkim’s sublicensees the right to use the name that you submit in connection with User Content, if they choose.
    2. By submitting or posting User Content to our Services, you represent and warrant that: (i) such User Content is non-confidential; (ii) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services; (iii) the User Content is accurate and not misleading or harmful in any manner; and (iv) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.
11. Acceptable Use of Our Services

    Your use of our Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Services. You will not:

    • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
    • Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
    • Attempt to indicate in any manner that you have a relationship with kimkim or that kimkim has endorsed you or any products or services for any purpose unless kimkim has provided written permission to do so;
    • Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;
    • Attempt to reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Services (except as otherwise expressly permitted by law);
    • Use or attempt to use another’s account without authorization from such user and kimkim;
    • Develop any third-party application that interact with User Content or our Services without kimkim’s prior written consent;
    • Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by kimkim to access out Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Services;
    • Bypass or ignore instructions contained in the robots.txt file, accessible at www.kimkim.com/robots.txt, that controls all automated access to our Services; or
    • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
12. Feedback

    Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or kimkim (collectively, "Feedback"). Feedback is non-confidential and will become the sole property of kimkim. kimkim will own, and you hereby assign to kimkim, all right, title, and interest, including all intellectual property rights, in and to such Feedback and kimkim will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by kimkim to confirm such assignment to kimkim.

13. Contests, Sweepstakes and Other Promotions

    kimkim may administer, operate or run contests, sweepstakes and other promotions (collectively, "Promotions") on our Services and may also advertise and allow participation in Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion has its own official rules, which will be made available to you. Your participation in a Promotion is subject to and governed by the official rules for the Promotion. You must read and agree to the official rules for any Promotion before you participate in the Promotion. In the event of any conflict or inconsistency between these Terms and the official rules for a Promotion, the official rules will control.

14. Indemnification

    You will defend, indemnify and hold harmless kimkim, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, "kimkim Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Services; or (f) any claims made by any third parties that participate in any Trip Package you purchase via the Services. kimkim reserves the right to control the defense of any such claim, at your expense.

15. Disclaimers

    We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content.

    Your use of our Services is at your sole risk. Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, kimkim does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While kimkim attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

16. Limitation of Liability
    1. kimkim and the other kimkim Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, or special damages or lost profits, even if kimkim or the other kimkim Parties have been advised of the possibility of such damages.
    2. The total liability of kimkim and the other kimkim Parties, for any claim arising out of or relating to these Terms, the Local Operator Agreement or our Services, regardless of the form of the action, is limited to the greater of (i) the amount paid by you to access or use our Services, (ii) the amount paid by us to you (if you use the Services as a Local Operator), or (iii) $100.
    3. The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional, reckless or willful misconduct of kimkim or the other kimkim Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
17. Assumption of Risk

    You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.

18. Modifications to Our Services

    kimkim reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, without prior notice. You agree that kimkim will not be liable for any modification, suspension or discontinuance of our Services, or any part thereof.

19. Dispute Resolution; Arbitration

    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU (WHETHER YOU USE THE SERVICES AS A TRAVELER OR A LOCAL OPERATOR) TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH KIMKIM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    19.1 Binding Arbitration

    Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising out of or related to a violation of Sections 9 or 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and kimkim agree (a) to waive your and kimkim’s respective rights to have any and all Disputes arising from or related to these Terms, the Local Operator Agreement, our Services or the products and services available on our Services, resolved in a court, and (b) to waive your and kimkim’s respective rights to a jury trial. Instead, you and kimkim agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

    19.2 No Class Arbitrations, Class Actions or Representative Actions

    You and kimkim agree that any Dispute arising out of or related to these Terms, the Local Operator Agreement, our Services or the products and services available on our Services is personal to you and kimkim and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and kimkim agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and kimkim agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

    19.3 Federal Arbitration Act

    You and kimkim agree that these Terms and the Local Operator Agreement affect interstate commerce and that the enforceability of this Section 19 will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.

    19.4 Notice; Informal Dispute Resolution

    You and kimkim agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to kimkim will be sent by certified mail or courier to 560 Melville Ave, Palo Alto, CA 94301. Your notice must include (a) your name, postal address, telephone number, the email address associated with your kimkim account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically by email to the email address associated with your kimkim account, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and kimkim cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or kimkim may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically provided for in Section 19.1, file a claim in court.

    19.5 Process

    Except for Disputes arising out of or related to a violation of Sections 9 or 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and kimkim agree that any Dispute must be commenced or filed by you or kimkim within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and kimkim will no longer have the right to assert such claim regarding the Dispute). You and kimkim agree that (a) any arbitration will occur in San Francisco, CA, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services ("JAMS"), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco, CA, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

    19.6 Authority of Arbitrator

    As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

    19.7 Rules of JAMS

    The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

    19.8 Severability

    If any term, clause or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 19 will remain valid and enforceable. Further, the waivers set forth in Section 19.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

20. Applicable Law and Venue

    These Terms, the Local Operator Agreement and your use of our Services will be governed by and construed in accordance with the laws of California, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 19 does not apply, you agree that any action at law or in equity arising out of or relating to these Terms or the Local Operator Agreement will be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the Local Operator Agreement.

21. Termination

    kimkim reserves the right, without notice and in its sole discretion, to terminate your license to access and use our Services and to block or prevent future your future access to and use of our Services.

22. Changes to These Terms

    kimkim reserves the right to make changes to these Terms from time to time. If we do make changes, we will post the amended Terms to our Services and update the "Last Updated" date above. We will also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

23. Severability

    If any provision of these Terms is deemed unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

24. Notice for California Users

    Under California Civil Code Section 1789.3, California users of our Services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834-1924, or by telephone at (800) 952-5210.

25. Miscellaneous

    These Terms (together with the Local Operator Agreement if you use the Services as a Local Operator) constitute the entire agreement between you and kimkim relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of kimkim. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and kimkim’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.