Welcome, and thank you for your interest in Korben Inc. and our Services. This Terms of Service is a legally binding contract between You and Korben regarding Your use of the Services.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT”, OR BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING KORBEN'S PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES.
ARBITRATION NOTICE: Except for certain kinds of disputes described in Section 3, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND KORBEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
The term “AAA” means the American Arbitration Association.
The term “AAA Rules” means the Consumer Arbitration Rules of the AAA.
The term “Account” means a user’s personal account setup with Korben.
The terms “any” and “all” mean any and all.
The term “Application” means Korben’s mobile application(s) & related services.
The term “Arbitration Agreement” means the agreement to arbitration pursuant to the terms set forth in Section 3.
The term “Korben”, “our”, “we” means Korben Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors.
The terms "including" and "include" mean including, but not limited to.
The term “Privacy Policy” means the terms that govern Korben’s collection and use of Your information.
The term “Promo Programs” mean the Korben referral and/or promotional programs.
The term “Services” means Korben’s applications, Applications, content, products, services, and website at https://www.mystrodriver.com.
The term “Terms” means these Terms of Service which govern Your access to or use of the Services and the Privacy Policy.
The term “Third Party” and “Third Parties” mean third party companies offering ride-sharing or delivery services that are compatible with the Services.
The term “Third Party Applications” means applications provided by Third Parties.
The term “User Content” means Your commentary, feedback and/or support requests relating to the Services that is submitted, uploaded or otherwise made available to Korben.
The terms “You” and “Your” mean the individual that is bound by these Terms.
The Services comprise of the aggregation of Third Party Applications, allowing for automatic sourcing of passenger calls based upon Your pre-determined preferences. You expressly acknowledge and agree that the Services provided by Korben are solely for Your personal use unless Korben agrees otherwise in writing. You acknowledge that the Services offered does not establish Korben as a provider of transportation, logistics and/or delivery services or as a transportation carrier.
By agreeing to these Terms, You agree that You are required to resolve any and all claims that You may have against Korben on an individual basis in arbitration pursuant to the terms set forth in the Arbitration Agreement. YOU AND KORBEN 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 Korben 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.
You and Korben expressly agree to binding arbitration, which is not a court of law, to argue/settle any dispute(s), claim(s) or controvers(ies) arising out of or relating to i) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or ii) Your access to or use of the Services at any time, regardless of the date You agreed to the Terms. Korben and You expressly agree to waive the right to a trial by jury or participation as a plaintiff or class member in any and all purported class action(s) or representative proceeding(s). All arbitrations will only be conducted on an individual basis therefore excluding all class, collective, conciliated or representative proceeding(s) unless otherwise agreed to in writing by Korben and You.
Despite the provisions of Section 3a, nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
All arbitration(s) hereunder will be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association then in effect, except as modified by this Arbitration Agreement. You can review the AAA Rules on the AAA website. Korben and You agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. Korben and You intend that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of New York.
You must provide the other party with a written Demand for Arbitration as specified in the AAA Rules prior to commencing arbitration. Driver Partner’s address for notice and Demand is: 588 Sutter St, Suite 436, San Francisco, CA 94102.
Subject to the AAA Rules, the Arbitrator has discretion to direct a reasonable exchange of information and documents by the parties, consistent with an expedited nature of the arbitration.
If You commence arbitration in accordance with these Terms, Korben will reimburse You for Your payment of the filing fee, unless Your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. The arbitration will be held in the county where Korben resides unless agreed to otherwise in writing, but if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the Arbitrator; (2) through a non-appearance based telephone hearing; or (3) 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 Korben 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. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If Korben prevails in arbitration, Korben will be entitled, under applicable law, to recover attorneys' fees and expenses.
If, for any reason, any portion of this Arbitration Agreement is found to be unenforceable or unlawful, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severed provision shall not have an impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
If Korben makes any future change to this arbitration provision, other than a change to Korben’s address for notice for arbitration, You may reject the change by sending us written notice within 30 days of the change to Korben’s address for notice of arbitration, in which case Your Account with Korben will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes You rejected will survive.
Certain features of the Services may require You to pay fees. Before You pay any fees, You will have an opportunity to review and accept the fees that You will be charged. All fees are in U.S. Dollars and are non-refundable.
Korben reserves the right to determine pricing for the Services. Korben will make reasonable efforts to keep pricing information published on the Application or on our website up to date. We encourage You to check our Application or website periodically for current pricing information. Korben may change the fees for any feature of the Services, including additional fees or charges, if Korben gives You advance notice of changes before they apply.
You authorize Korben to charge all sums for the orders that You make and any level of Services You select as described in these Terms or published by Korben, to the payment method specified in Your Account. If You pay any fees with a credit card, Korben may seek pre-authorization of Your credit card Account prior to Your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover Your purchase.
The Services may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Korben to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our website OR APPLICATION. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until You cancel Your subscription or we terminate it. You must cancel Your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if You change your payment information). You may cancel the Subscription Service by contacting us at support@mystrodriver.com.
Korben may suspend or terminate access to the Services for any Account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent Account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees.
Subject to Your complete and ongoing compliance with these Terms, Korben grants You, subject to total compliance with these Terms and any amendments thereto, a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
(i) install and use one object code copy of any Application associated with the Services, obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that You own or control;
(ii) access and use the Services; and
(iii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Your personal, noncommercial use. Korben reserves all rights not expressly granted herein. Korben retains the right, in its sole discretion, to deny or remove Your access or use of the Services, for any reason, including the violation of the Terms.
You are prohibited from:
(i) removing any copyright, trademark or other proprietary property located on the Services;
(ii) reproducing, modifying, preparing derivative works based upon the Services;
(iii) distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Services;
(iv) decompiling, reverse engineering or disassembling the Services except as may be permitted by applicable law;
(v) monitoring, linking to, mirroring or framing any part of the Services;
(vi) Accessing, monitoring or copying any content or information of the Services, using any robot, spider, scraper or other automated means or any manual process for any purpose without Korben’s express written consent;
(vii) Taking any action which imposes, or may impose, in Korben’s discretion, an unreasonable or disproportionately large load on our infrastructure or is unduly burdensome or hinders the operational and functional components of the Services;
(viii) attempting to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; or
(ix) using or accessing the Services for commercial purposes.
Third Parties may have access or use of the Services. You acknowledge that Third Party services are governed by different terms of use and privacy policies which may govern Your use of or access to said Third Party services. Korben does not endorse third party services or content. In no event shall Korben be responsible or liable for any products or services of any Third Party providers. Your access to the Third Party services by way of the Services is subject to terms set forth in the applicable Third Party’s terms of use. The Services may include open source software or third party software. Any such software is made available to you under the terms of the applicable licenses. Please review the information here for the applicable notices and license terms.
The Services and all rights therein are and shall remain the property of Korben or its third party licensors. You are neither conveyed or granted, through these Terms or Your access to or use of the Services, any right except as expressly stated in these Terms or to use or reference Driver Partner’s company name, logo, product, trademarks or service mark(s).
You must register for and maintain an active Account in order to use the Services. You must be at least 18 years of age, or the age of legal majority, as determined by jurisdiction, to obtain an Account and use the Services. The account registration process requires You to provide personal information (e.g. name, address, mobile phone number, age and a valid payment method accepted by Korben).
You acknowledge and represent, by providing personal information or by using the Services, that all personal information is accurate, complete and up to date. You further acknowledge and agree to update Your Account within 24 hours of said change to reflect complete, accurate and updated information. Korben may, in its sole discretion, restrict Your access and use of Your Account for failing to maintain accurate, complete and up to date information in Your Account.
You are responsible for Your Account and all activity that occurs thereunder. The registered Account holder may only possess one account and is the sole individual permitted to use or access the Services from his or her Account. Accounts may not be assigned or otherwise transferred to any person or entity without the express written consent of Korben.
You agree to comply with all applicable laws when accessing or using the Services, and You may only access or use the Services for lawful purposes. You are prohibited from using or accessing the Services to cause a nuisance, annoyance, inconvenience, or property damage. Korben may require You to provide proof of Your identity to use or access the Services. You will be denied access to and use of the Services for failing to provide the required or requested proof of identity information.
You agree that Korben may contact You by telephone or text message at any of the phone numbers provided by You or on Your behalf during the Account setup process or during the use or access of the Services, including for marketing purposes.
Korben may, in its sole discretion, create Promo Programs offering discounts on future Services or other features or benefits related to the Services, subject to any additional terms that Korben establishes. You agree that codes provided as part of Promo Programs:
(i) must be used in a lawful manner by the intended user for its intended purpose;
(ii) must not be replicated, sold or transferred in any manner, or made available to the general public;
(iii) may be deactivated by Korben in its sole discretion without liability to Korben;
(iv) must be used in compliance with the specific terms of Korben’s Promo Program;
(v) are not valid currency or the equivalent thereof; and
(vi) may become invalid prior to Your use.
Korben reserves the right to take corrective legal and/or other actions in the event that Korben determines that the use of the referral system or use or redemption codes as part of Promo Programs was in error, fraudulent, illegal, or otherwise in violation of Korben’s Terms.
Korben, in its sole discretion, may permit You to submit, upload or otherwise make available User Content to Korben. By providing User Content to Korben, You grant Korben a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without notice to or consent from and without compensation to You.
You represent and warrant that:
(i) You are the sole and exclusive owner of the User Content;
(ii) You have all rights, licenses, consents and releases necessary to grant and license the User Content to Korben; and
(iii) neither the User Content or any act of Yours relating to the User Content nor, Korben’s use of the User Content as permitted herein will infringe, misappropriate or violate any party's intellectual property or proprietary rights or result in the violation of any applicable law or regulation.
You agree and represent that You will not provide discriminatory, pornographic, unlawful, violent, obscene, offensive, defamatory or other User Content which Korben, in its sole discretion, believes will offend a reasonable person. Korben, at its sole discretion, may review, monitor or remove User Content without notice to You.
In order to use the Services, You must obtain a data network and the required authorizations from compatible Third Parties. You are responsible for obtaining a data network and the required authorizations from Third Parties to use the Services. Using or accessing the Services from Your mobile device may result in mobile network data and messaging rates and fees. You are responsible for obtaining updated and compatible hardware or devices to access and use the Services. Korben does not guarantee that the Services are compatible for any devices or hardware. The Services may be subject to malfunctions, delays, and other limitations as a result of events which are outside of Korben's control.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KORBEN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KORBEN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE APPLICATION WILL AGGREGATE THIRD PARTY APPLICATIONS WHICH ARE NOT ASSOCIATED WITH OR OWNED BY KORBEN. KORBEN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SUCH THIRD PARTY APPLICATIONS. KORBEN DISCLAIMS ALL LIABILITY FOR ACTS, ERRORS, INTERRUPTIONS, COMMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. KORBEN DOES NOT CONTROL SUCH APPLICATIONS AND IS NOT RESPONSIBLE FOR THE CONTENTS, OR THE PRIVACY PRACTICES OF, SUCH THIRD PARTY APPLICATIONS. NEITHER KORBEN NOR THE SERVICES IMPLY ANY ENDORSEMENT OF THE MATERIALS FOUND ON ANY WEBSITE OR APPLICATION OR ANY ASSOCIATIONS WITH THEIR OPERATORS. THE SERVICES MERELY ALLOW YOU TO AGGREGATE INFORMATION PROVIDED BY THIRD PARTY APPLICATIONS. KORBEN IS NOT A TRANSPORTATION PROVIDER NOR IS KORBEN AN EMPLOYER OF ANY USERS OF THE SERVICES. YOU AGREE THAT YOU ASSUME THE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH AND THAT THE RISK REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
KORBEN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE OF KORBEN, REGARDLESS OF WHETHER KORBEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KORBEN SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, REGARDLESS OF WHETHER KORBEN HAS BEEN APPRISED OF POSSIBLE DAMAGES. KORBEN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KORBEN’S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO AGGREGATE THIRD PARTY APPLICATIONS AND AUTOMATICALLY SOURCE PASSENGER CALLS BUT YOU AGREE THAT KORBEN HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION ARE NOT INTENDED TO RESTRICT OR MODIFY YOUR RIGHTS UNDER APPLICABLE LAW. KORBEN’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THOSE STATES OR JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF KORBEN TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO KORBEN FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SE VERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies Your rights or obligations, You will be required to accept the modified Terms in order to continue to use the Services. Material modifications are effective upon Your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 8, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
These Terms are effective beginning when You accept the Terms or first download, install, access, or use the Services, and ending when terminated as described in Section 9.2.
If You violate any provision of these Terms, Your account and these Terms automatically terminate. In addition, Korben may, at its sole discretion, terminate these Terms or Your Account on the Service, or suspend or terminate Your access to the Services, at any time for any reason or no reason, with or without notice. You may terminate Your account and these Terms at any time by contacting customer service at support@mystrodriver.com.
Upon termination of these Terms: (a) Your license rights will terminate and You must immediately cease all use of the Services; (b) You will no longer have access to Your Account; (c) You must pay Korben any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 1, 3, 5b, 7, 9.3, 10, 11, and 12 will survive.
Korben reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. Korben will have no liability for any change to the Services or any suspension or termination of Your access to or use of the Services.
You agree to indemnify and hold Korben and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) Your access to or use of the Services; (ii) Your breach or violation of any of these Terms; (iii) Korben’s use of Your User Content; or (iv) Your violation of the rights of any third party. Korben reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with Korben’s defense of those claims.
These Terms are governed by and interpreted in accordance with the laws of the State of New York, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to Your region. The foregoing choice of law and forum selection provisions do not apply to the Arbitration Agreement or to any arbitrable disputes as defined therein. Instead, the Federal Arbitration Act shall apply to any such disputes.
Korben may provide all notices on the Services, email, telephone or text message to any phone number provided in connection with Your Account, or by written communication sent by first class mail or pre-paid post to any address connected with Your Account.
You may not assign these Terms without Korben’s prior written consent. Korben may assign these Terms without Your consent. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between You and Korben as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall survive to the fullest extent under law. Korben’s failure to enforce any right or provision in these Terms shall not be deemed a waiver of such right or provision.
This Section 12 only applies to the extent You are using the Korben Application on an iOS device. You acknowledge that these Terms are between You and Korben only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, You may notify Apple and Apple will refund any applicable purchase price for the Application to You; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by You or any third party relating to the Services or Your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or Your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
