Kalstok Is The Owner Of This Website ("Site"). These Terms Of Service Require Binding Arbitration To Resolve Any Dispute Or Claim Arising Out Of Or Relating In Any Way To These Terms Or Your Access To Or Use Of The Kalstok Services (As Defined Below), And You Agree That Any Such Dispute Or Claim Will Be Resolved Only On An Individual Basis And Not In A Class, Consolidated Or Representative Action. Please Review Section 18 Carefully To Understand Your Rights And Obligations With Respect To The Resolution Of Any Dispute Or Claim Arising Out Of Or Relating In Any Way To These Terms Or Your Access To Or Use Of The Kalstok Services.
2. Rights to Use Kalstok Services
Subject to your compliance with these Terms in all material respects, Kalstok grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) access and view pages from the Kalstok Services for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only. Your access to and use of the Kalstok Services must further comply in all material respects with any instructions and guidelines (“Guidelines”) posted on the Site and/or communicated through the Kalstok App(s).
Subject to your compliance with these Terms in all material respects, Kalstok further grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Kalstok App(s), in machine executable object code form only, on a single compatible personal mobile device that you own and control, solely for personal, non-commercial purposes. We may make the Kalstok App(s) available for download through the iTunes App Store at https://itunes.apple.com, the Google Play Store at https://play.google.com/store/apps, or other third party app stores (each, an “App Store”). Your license to any Kalstok App(s) is also governed by the applicable terms of service, policies and procedures of the App Store through which you download the Kalstok App(s) (the “App Store Terms”). These Terms amend and supplement the applicable App Store Terms and to the extent that these Terms contradict or are inconsistent with the applicable App Store Terms, these Terms control and prevail. You are authorized to download the Kalstok App(s) solely via the App Stores, if any, through which we make them available for download. You acknowledge that by downloading a Kalstok App(s) via an App Store, you are subject to the applicable App Store Terms.
Kalstok reserves the right to terminate or suspend your license to use all or any portion of the Kalstok Services and your other rights under these Terms at any time and for any reason, including, but not limited to, violation of these Terms, the Guidelines and/or any applicable App Store Terms. Upon such termination, all license and other rights granted to you under these Terms will immediately terminate, but all other provisions of these Terms will survive termination. You will immediately cease all use of the Kalstok Services and any associated account(s) with Kalstok and remove and destroy all copies of the Kalstok App(s) from your mobile devices. We may further bar access to the Kalstok Services and your account(s) and delete any and all information associated with your account(s).
You must be eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to use the Kalstok Services. By accessing or using the Kalstok Services, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with these Terms. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the Kalstok Services in violation of these Terms will be banned from using the Kalstok Services and may be the subject of additional action by Kalstok. It is your responsibility to confirm that use of the Kalstok Services is permissible under the applicable laws and regulations where you make use of the Kalstok Services. If any applicable laws and regulations prohibit your use of the Kalstok Services, you may not use the Kalstok Services.
Kalstok provides the site, the Kalstok app(s) and the other Kalstok services on an "as is", “with all faults” and “as available” basis. Kalstok and its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, partners and licensors (the “Kalstok parties”) disclaim all warranties and conditions of any kind, whether express, implied or statutory, or arising from statute, course of dealing, usage of trade or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, integration, interoperability or quiet enjoyment. The Kalstok parties make no representations or warranties about the accuracy or completeness, currency, or non-infringement of the Kalstok services or of the information or other content contained in or accessible through the Kalstok services. The Kalstok parties do not warrant that the functions of the Kalstok services will be uninterrupted or error-free, that defects will be corrected, or that the Kalstok services or the servers that make the Kalstok services available will be free of viruses or other harmful components. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Kalstok services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall the Kalstok parties be liable for any indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of any of the Kalstok services and damages resulting from loss of use or data, whether or not the Kalstok parties have been advised of such possibility and regardless of whether such damages were foreseeable. Your only right with respect to any dissatisfaction with the Kalstok services shall be to terminate your use of such services. In no event shall the Kalstok parties’ total liability to you for all claims arising under these terms or your use of the Kalstok services exceed the total amount paid by you to Kalstok for use of the Kalstok services during any one month. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
You understand that your use of the Kalstok services may involve known and unanticipated risks that could result in injury or illness, including, but not limited to, dangers that may be caused by the acts of other users or other third parties, or occurrences beyond the control of the Kalstok parties. By using the Kalstok services, you assume all such risks and dangers and all responsibility for any losses and/or damages. You voluntarily release, waive, discharge and hold harmless the Kalstok parties from any and all claims, demands or causes of action for bodily injury, property damage, wrongful death, loss of services or other claims that in any way arise from or are related to your use of the Kalstok services. The Kalstok services are intended only as personal, geographic location-based services for individual use. You acknowledge and agree that Kalstok has offered the Kalstok services, set its prices, and entered into these terms in reliance upon the foregoing warranty disclaimers and the limitations of liability. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in these terms reflect a reasonable and fair allocation of risk between you and Kalstok, and that the warranty disclaimers and the limitations of liability set forth in these terms form an essential basis of the bargain between you and Kalstok. Kalstok would not be able to provide the Kalstok services to you on an economically reasonable basis without these limitations and disclaimers.
Kalstok reserves the right at any time to modify or discontinue, temporarily or permanently, the Kalstok Services (or any portion thereof) with or without notice and without liability to you. You agree that the Kalstok Parties shall not be liable to you or any third party for any modification, suspension or discontinuance of the Kalstok Services (or any portion thereof).
Kalstok or its licensors and suppliers own all rights, title and interest in the Kalstok App(s) and the software and other technology used to provide the Kalstok Services and all associated intellectual property rights (the “Kalstok Technology”), and the Kalstok Technology is protected by U.S. and international copyright and other intellectual property laws and treaties. The Kalstok Technology is licensed, not sold, to you for use only under the terms and conditions of these Terms. Kalstok reserves all rights not expressly granted to you.
Kalstok, the Kalstok logo, Kalstok product screen shots and the Kalstok “S” App Icon design are trademarks or the subject of other intellectual property rights of Kalstok, and may not be used without prior, express written permission from Kalstok. All other trademarks not owned by Kalstok that appear on the Kalstok Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kalstok. All content included on the Kalstok Services, including all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags, compilations of the foregoing and/or other materials accessible through the Kalstok Services, including all associated intellectual property rights, (the “Kalstok Content”) is the property of Kalstok and/or its licensors, as applicable, and protected by United States and international intellectual property and other laws and treaties. Except as expressly permitted under these Terms, no reproduction, transmission, modification or display of any Kalstok Content is permitted without our prior, express written permission.
It is our policy to respond to notices of alleged copyright infringement in compliance with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Kalstok, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim attributable to the Kalstok App(s).
If you believe that your content or work has been made available through the Kalstok Services in a way that constitutes copyright infringement, please provide Kalstok’s Agent for Notice of Copyright Claims with the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of the material that you claim is infringing and where that material may be accessed within the Kalstok Services; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Agent for Notice of Copyright Claims can be reached by submitting a support request at firstname.lastname@example.org
While the Standard Service on Kalstok is free for use, additional data charges may apply to you for mobile use of the Kalstok Services through your mobile device. Additional fees may also apply for use of the Pro Version or other aspects of Kalstok Services. If there is a charge associated with a portion of the Kalstok Services, you agree to pay that charge by accessing or using it. The price stated for the Kalstok Services may be denominated in your local currency by iTunes App Store at https://itunes.apple.com, Google Play Store at https://play.google.com/store/apps, by Kalstok through a third party payment processing service (currently Stripe on the Android Platform; please see https://stripe.com/us/privacy), or any other applicable App Store through which you download the Kalstok App(s) on your device. Fees and charges are collected by the App Store on your device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. Additionally, you are welcome to contact info@Kalstok.com with any questions regarding taxes, currency exchange settlements or other billing related issues. You are solely responsible for paying such taxes or other charges. Kalstok relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to the Kalstok Services may be suspended or cancelled if you do not make your payment on-time and/or in full. Suspension or cancellation of the Kalstok Services for non-payment could result in a loss of access to and use of your account and its content. If you would like to buy the Pro Version of the Kalstok Services, you do this with in-app subscriptions from the App Store on your device. You will be advised of the charge for the Pro Version of the Kalstok Services before making payment and being billed. You must make all payments through a charge through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the Kalstok Services (including any applicable taxes) at the rates in effect when the charges were incurred. BETWEEN YOU AND Kalstok, YOU, AND NOT Kalstok, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR MOBILE DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY AN APP STORE OR THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. If you are an iOS user via Apple’s App Store, Kalstok does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for at least thirty (30) days. Payment will be charged to your App Store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during active subscription period. For step-by-step information on how to manage subscriptions, including information on canceling subscriptions, visit email@example.com. You should be aware that cancelling your subscription and/or deleting the Kalstok App(s) may not terminate your user account on the Kalstok Services. If you cancel your subscription and/or delete the Kalstok App(s) but do not take steps to deactivate your user account or take other appropriate steps, your profile may continue to be accessible to others on the Kalstok Services.
By sending us any ideas, suggestions, comments, improvements, documents, proposals or other feedback, including without limitation, concerning the Kalstok App(s) ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, fully sub-licensable and transferable, worldwide license to use, disclose, reproduce, modify, publish, distribute, transfer and otherwise utilize your Feedback in any manner and for any purpose.
The Kalstok Services or users of the Kalstok Services may provide links to other websites, mobile device software applications, services or resources. You acknowledge and agree that the Kalstok Parties do not endorse and are not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms and conditions and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that the Kalstok Parties shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials. Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on or through the Kalstok Services, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that the Kalstok Parties shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
Certain sections of the Kalstok Services may feature users who appoint themselves to serve as ambassadors to other users visiting or learning about certain locales (“Ambassadors”). You acknowledge and agree that the Kalstok Parties do not (i) endorse and are not responsible for any actions taken or information provided by Ambassadors or (ii) pre-screen, approve or otherwise monitor Ambassadors, although Kalstok reserves the right at its sole discretion to remove any user’s Ambassador status. You interact with Ambassadors at your own discretion and risk, and you shall be solely responsible for all losses and damages of any kind incurred as a result of your interactions with Ambassadors. If you serve as an Ambassador, you agree that you will serve responsibly and abide by these Terms and all applicable laws and regulations. You shall provide only truthful and accurate information, and you shall not engage in or promote any activities that risk the health or safety of any users or other parties. If you serve as an Ambassador, you agree that Kalstok may send you communications, including promotional emails, relating to your service as an Ambassador. If you do not wish to receive such communications, you must discontinue serving as an Ambassador. As set forth in Section 12, you may not make unsolicited offers, advertisements or proposals or send junk mail to other users of the Kalstok Services. However, if a user asks you for a recommendation regarding a local business, you may provide a recommendation. If you do provide a recommendation, you agree that it will (i) be based upon your good-faith belief and not be false, misleading or deceptive; (ii) fully disclose any connection between you and any entity with a financial interest in the business recommended or a directly competing business and not express sentiments by or on behalf such entity; (iii) not be submitted for any form of compensation or consideration from any entity; and (iv) fully comply with applicable laws, regulations and guidance, including without limitation the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
The Kalstok Services allow the submission of information, content and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions or questions) by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions (“Your Content”) and the consequences of posting or publishing them. In connection with Your Content, you affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Kalstok to use, all intellectual property and any other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the Kalstok Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the Kalstok Services and these Terms. For clarity, you shall retain all of your ownership rights in Your Content. Kalstok assumes no responsibility whatsoever in connection with or arising from User Submissions. Kalstok assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Kalstok chooses, in its sole discretion, to monitor User Submissions, Kalstok nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting User Submissions. Further, Kalstok does not endorse and has no control over the content of User Submissions submitted by other users. Kalstok makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable or provides others with information to locate you or determine places that you have visited, are visiting or are planning to visit. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Kalstok. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Kalstok and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
WARNING NOT FOR MEDICAL USE
If responses to your questions about certain sexual health topics are critical to your health, you need to consult with a medical professional, not a chatbot. A chatbot is neither intended for use in the diagnosis, cure, mitigation, treatment or prevention of any condition, nor intended to be a substitute for professional medical care. Responses you receive from a chatbot are intended for informational and educational purposes only, to support general health and wellness. A chatbot and any information provided through a chatbot have not been tested with individuals with health conditions and have not been cleared, approved or otherwise evaluated by the U.S. Food and Drug Administration. The Kalstok Services are designed to use the geographic location of the device through which you are accessing the Kalstok Services so that a chatbot or chatbots (which are not natural persons) that respond to questions that you ask them (each, a “Chatbot”) may appear in the specific geographic location or geographic locations within the United States for which Kalstok makes it available. You may access and use a Chatbot only in such specific geographic location or geographic locations within the United States for which Kalstok makes it available. If you disable the ability of the Kalstok Services to access the geographic location of your device, you may be unable to access or use a Chatbot. However, disabling our ability to access the geographic location from your device may not prevent us from deriving your approximate geographic location in a different manner.
The questions that you ask a Chatbot, including without limitation, questions relating to certain sexual health topics, and any other information that you provide in connection with your use of a Chatbot, is Your Content. You acknowledge and agree that neither we nor any other Kalstok Party wishes to receive information that you wish to keep private, including without limitation, any protected health information or any other health details. Your Content may not be protected under the Health Insurance Portability and Accountability Act and the Health Information Technology for Economic and Clinical Health (HITECH) Act. The information that you receive through your use of a Chatbot is Kalstok Content.
The responses that you receive from a Chatbot are programmed to use software and other technology and to use information provided by third party specialists. Such responses are intended for informational and educational purposes only, to support general health and wellness. Due to various factors, including the inherent possibility of human or mechanical error, the Kalstok Parties cannot and do not guarantee, the quality, accuracy, completeness, timeliness, integrity, or currency of any such information, or that such information is free from defects or harmful elements or is not objectionable. The Kalstok Parties do not represent and warrant that your use of such information will not infringe rights of third parties not owned by or affiliated with the Kalstok Parties.
You acknowledge that a Chatbot and any information provided through a Chatbot, including any information relating to treatments or treatment regiments, have not been tested with individuals with health conditions and have not been cleared, approved or otherwise evaluated by the U.S. Food and Drug Administration and are not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of any condition or to be a substitute for professional medical care, and should not be used for such purposes. While a Chatbot may provide you with information about available treatments, names or addresses of nearby professionals or organizations specializing in the applicable health topic, or similar information, neither Kalstok nor any other Kalstok Party recommends or endorses any specific treatments, professionals, organizations or other information that may be suggested to you through a Chatbot, and neither Kalstok nor any other Kalstok Party guarantees that a Chatbot or any information provided through a Chatbot will meet your needs or allow you to achieve any particular results. The use of a Chatbot does not create a doctor-patient relationship, and you acknowledge that a Chatbot and any information provided to you through your use thereof are not intended to provide any medical advice, and that we are not authorized to render, or engaged in rendering, any such medical advice. A chatbot and the information provided through a chatbot are not a substitute or replacement for professional medical advice, diagnosis, cure, mitigation, treatment, prevention or care. You agree to consult with your medical professional if you are seeking professional medical advice or other assistance in the diagnosis, cure, mitigation, treatment or prevention of any disease or condition. You further agree not to disregard or delay seeking professional medical advice, diagnosis, cure, mitigation, treatment, prevention or care because of any information provided through a chatbot or anything you learn from using a chatbot. Reliance on a chatbot, any information provided through a chatbot or anything you learn from using a chatbot is solely at your own risk. A chatbot and the responses and any other information that a chatbot provides were developed for use in the united states, and we do not make any representation concerning a chatbot and the responses and any other information that a chatbot provides when used outside of the united states, where such chatbot, responses and other information may be different.
You agree that you must evaluate, and bear all risks associated with, your use of a chatbot and any information provided through a chatbot, you are solely responsible for all losses and damages of any kind incurred as a result of your interaction with a chatbot, and Kalstok and the other Kalstok parties disclaim any and all liability in connection therewith.
You agree to indemnify, defend, and hold the Kalstok Parties harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to your use of the Kalstok Services and/or your interactions with other users of the Kalstok Services, including, but not limited to, (i) your use or misuse of any geographic location information or the Kalstok Services generally, (ii) any violation of the rights of any other person or entity by you, (iii) any breach or violation by you of these Terms or any law, regulation or guidance, or (iv) your use of the Kalstok Services to communicate with or meet another user in-person or to locate and attend any offline place or event. Kalstok reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
You are solely responsible for your interactions with other users using the Kalstok Services and the Kalstok Parties assume no liability for these interactions. Kalstok does not conduct criminal or other background checks on its users, but reserves the right to do so at any time. The Kalstok Parties assume no liability for your interactions with other users and make no representations or warranties as to the conduct of users and/or the information they provide and/or the statements that they make. You agree to take reasonable precautions in your interactions with other users of the Kalstok Services. The Kalstok Parties are not responsible for monitoring any disputes between you and other users.
You will create a username and password as part of the registration process for the Kalstok Services. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify Kalstok of any actual or suspected unauthorized use of your password or account or any other actual or suspected breach of security. You agree that all information that you provide to Kalstok as part of the registration process, including, but not limited to, your name and email address, is truthful, accurate and complete.
These Terms and your relationship with Kalstok under these Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms.
Any dispute or claim arising out of or relating in any way to these terms or your access to or use of the Kalstok services, including, but not limited to, the validity, applicability or interpretation of these terms (each, a “claim”), shall be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at https://www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the County and State of New York or the city in the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Before submitting a Claim to arbitration pursuant to this Section 18, you must first submit the Claim to Kalstok for informal resolution through firstname.lastname@example.org or another mechanism specified by Kalstok. You and Kalstok agree to work in good faith to resolve the Claim within sixty (60) days. If you and Kalstok are unable to resolve the Claim informally within sixty (60) days, then we each may submit the Claim to arbitration.
If you reject the last written settlement offer made by Kalstok before the arbitrator was appointed and the arbitrator awards you an amount greater than this last written settlement offer, then Kalstok will pay (i) the greater of the award or $500; (ii) your filing fees for the arbitration; and (iii) any fees, costs and expenses deemed appropriate by the arbitrator.
We each agree that any dispute or claim arising out of or relating in any way to these terms or your access to or use of the Kalstok services will be resolved only on an individual basis and not in a class, consolidated or representative action or arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in the united states district court for the southern district of new york or, if federal jurisdiction is not available, in the supreme court of new york county. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such proceeding.
Notwithstanding anything to the contrary, you and Kalstok may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
If you have a question or complaint regarding the Kalstok Services, please feel free to contact us by submitting a support request at email@example.com
If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of these Terms.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign any of your rights or obligations under these Terms to another party without the express written consent of Kalstok.
The parties acknowledge that these Terms are concluded between you and Kalstok only, and not with Apple or the owner or operator of any other applicable App Store through which you may have downloaded the Kalstok App(s) (the “App Store Owner”), and the App Store Owner is not responsible for the Kalstok App(s) and the contents thereof. The App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the Kalstok App(s). Kalstok, not the App Store Owner, is responsible for addressing any claims from you or any third party relating to the Kalstok App(s) or your possession and/or use of the Kalstok App(s), including, but not limited to, product liability claims, any claim that the Kalstok App(s)s fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation. The App Store Owner and its subsidiaries are third party beneficiaries of these Terms and shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
These Terms constitute the complete and exclusive statement of the agreement between Kalstok and you with respect to the subject matter hereof and supersede any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms.
You represent and warrant that you are not (i) 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) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
You and Kalstok agree that any cause of action arising out of or related to the Kalstok services must commence within one year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred