kimkim, Inc.

Travel Advisor Agreement

Last Updated: December 18, 2025

Welcome to kimkim and thank you for your interest in our Services!

This Travel Advisor Agreement ("Agreement") applies to your access to and use of the website, mobile application and other online products and services (collectively, our "Services") provided by us to you as a Travel Advisor. By accessing or using our Services, you agree to this Agreement, including the mandatory arbitration provision and class action waiver in Section 23.

This Agreement does 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 questions regarding the use of our Services, please contact us at [email protected].

Please refer to the kimkim privacy policy (www.kimkim.com/privacy) ("Privacy Policy") for information about how the Services collect, use and share information about you and Travelers.

  1. Definitions
    1. "Chargeback" means a dispute initiated by you with your financial institution regarding a payment to kimkim.
    2. "Compensation" means a commission payable from kimkim to you in connection with the purchase of a Trip Package.
    3. "Disputes" means disputes, claims, suits, actions, causes of action, demands or proceedings.
    4. "Feedback" means questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding us or our Services.
    5. "Fees" means fees payable in connection with your purchase of any Trip Package on behalf of Traveler.
    6. "Interactive Areas" means interactive areas and features in the Services.
    7. "kimkim," "we," "us," and "our" mean kimkim, Inc.
    8. "Local Operator" means third-party local operators who use our Services to offer travel products and services.
    9. "Local Operator Trip" means a Trip Package arranged by a Local Operator.
    10. "Promotions" means contests, sweepstakes and other promotions.
    11. "Travel Advisor" means a person that provides travel management services.
    12. "Traveler" means your client.
    13. "Traveler Data" means the Traveler's personal information, including as described in the Privacy Policy.
    14. "Trip Package" means reservations in connection with Traveler's trip to a specific destination via the Services.
    15. "Service Materials" means 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 their selection and arrangement.
    16. "Signer" means, if you are an entity, the natural person signing the Agreement on behalf of you, or if you are a natural person, you.
    17. "Third-Party Content" means websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers and social "widgets."
    18. "User Content" means any content, messages, text, photos, videos and other materials created by you or other users.
    19. "you" and "your" means the Travel Advisor using our Services. If you are an entity, not a natural person, all references to "you" will refer to you, Signer and any other user accessing the Services on your behalf.
  2. Eligibility, Registration and Account
    1. You represent and warrant that you (i) 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 and (ii) do not have more than one kimkim Travel Advisor account. You further represents that Signer (a) is 18 years of age or older and (b) has full power and authority to enter into this Agreement on behalf of you and, in so doing, will not violate any other agreement to which you or Signer is a party.
    2. You agree to be responsible for all users that access the Services on your behalf, including for your and their compliance with this Agreement.
    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.
    4. You agree to submit a complete application in a form and manner prescribed by kimkim prior to your use of our Services as a Travel Advisor. You further agree to provide any additional information, documents or materials that we may reasonably request to evaluate your application. Submission of an application does not guarantee approval, which is subject to the sole discretion of kimkim. kimkim is under no obligation to approve any application or provide a rationale for the denial of any application. If kimkim does not approve your application, or if we determine at any time that you do not meet our eligibility criteria, we may immediately revoke your access and terminate this Agreement. You acknowledge and agree that, if we reject your application or terminate your account, we will not have any liability, obligation or penalty to you.
  3. Use of Services, Roles and Responsibilities
    1. The Services enable you to arrange and book Trip Packages for your clients. Trip Packages may include just hotel reservations or may also include a range of other items, such as reservations for events, rentals or guides. You may only arrange Trip Packages using designated suppliers that have been approved in advance by kimkim, and kimkim reserves the right to not book and/or to cancel any Trip Package that includes a supplier that has not been approved by kimkim.
    2. You acknowledge that you enter into this Agreement as a principal and not as an agent for Traveler and that Traveler is not a party to, nor bound by this Agreement. You assume sole responsibility for ensuring that the Services performed by us comply with any agreement between you and Traveler. You represent that you have obtained all necessary consents and authorizations from Traveler to purchase the Trip Package and use the Services on the Traveler's behalf.
    3. You acknowledge that we are a marketplace connecting you with Local Operators and/or third-party vendors. We are not responsible for their actions or performance. However, if you or Traveler have any problems with a Trip Package, please contact us at [email protected], as we may be able to help resolve the problem.
    4. When you purchase a Trip Package arranged by kimkim staff via the Services, we use the funds from such purchase to book the associated reservations. When you purchase a Local Operator Trip, we save you the hassle of separately transacting with the Local Operator by purchasing the Local Operator Trip from the Local Operator and reselling the Local Operator Trip to you via the Services. You agree that such 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 such Local Operators to resolve any Disputes you may have regarding a Local Operator Trip.
  4. Payment
    1. Fees. 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, fees or other charges (including shipping charges).
    2. 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.
    3. 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.
    4. No Refunds. Except as provided in Section 4(E), or as otherwise expressly agreed upon by kimkim, all sales of Trip Packages via the Services are final, and there are no refunds.
    5. Errors. If there is 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 if a billing error occurs is to obtain a refund for the excess amount charged. If you do not provide notice of a billing error within 120 days of the date of the billing statement in which such error first appeared, your eligibility for such a refund is purely at kimkim's discretion.
    6. Credit Card Chargebacks. You have the ability to dispute charges with credit card companies. 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, including, but not limited to, as described more fully below. kimkim also retains the right to cancel any Trip Package if there is a Chargeback related to that Trip Package. 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.
      • Chargebacks resulting from the purchase of a non-refundable Trip Package if kimkim cannot provide a refund, whether or not the Trip Package is used.
      • 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.
    7. Hotel Supplier Terms and Conditions. You agree to abide by the following hotel terms and conditions: http://developer.ean.com/terms/en/
    8. Currency. kimkim reserves the right to adjust installment payments if currency exchange rates fluctuate significantly more than expected based on historical volatility, as determined by kimkim in its sole discretion.
  5. Commission
    1. The Services enable you to earn commissions by arranging and booking Trip Packages on behalf of Travelers. The Compensation will be calculated and designated at the time of purchase. When the Travel Advisor is a legal entity, not a natural person, all Compensation will be paid to such Travel Advisor, not any individual employee or representative of the Travel Advisor, including the Signer.
    2. All Compensation will be paid by kimkim within ten (10) business days after the end of the applicable month and using the payment method you designate via the Services. If you breach the terms of this Agreement in connection with any Trip Package, we will have no obligation to pay you any Compensation. We may deduct any liability owed by you or Traveler under this Agreement against any amounts payable by us under this Agreement. Some third-party payment methods used to receive Compensation may impose their own additional charges in connection with the Compensation you receive, and kimkim is not responsible for such charges. You will be responsible for paying for any and all taxes resulting from your Compensation, including interest and penalties thereon.
    3. We will be entitled to immediate annulment and (where applicable) repayment of all or any portion of the Compensation if a purchased Trip Package (i) is canceled or refunded, in part or in whole; (ii) is, in our reasonable opinion, fraudulent; (iii) results in a Chargeback for any reason (including, without limitation, fraud, duplicated charges or other errors in payment processing or a credit not processed); or (iv) breaches the terms of this Agreement.
  6. Conduct
    1. You will (i) not act in a way that, in our reasonable opinion, adversely affects our brand, reputation or goodwill; (ii) carry out your obligations under this Agreement honestly, fairly and in accordance with applicable law and industry best practices; (iii) notify us immediately of any breach or suspected breach of this Agreement by you; and (iv) promptly upon our request, provide us with information, cooperation and assistance required by us in connection with this Agreement.
    2. You further represent and warrant that: you have obtained all necessary rights, licenses, consents and permissions from Traveler to (i) disclose the Traveler Data to us in connection with your use of the Services, (ii) authorize kimkim to use the Traveler Data in performing the Services, and (iii) arrange and purchase a Trip Package on behalf of Traveler.
  7. 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, 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.

  8. Copyright and Limited License
    1. Unless otherwise indicated in writing by us, our Services and all 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, subject to this Agreement. This license 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 this Agreement 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. You grant to kimkim a worldwide, non-exclusive, royalty-free, fully paid-up license to host, copy, transmit, display and use Traveler Data and your information and data as necessary to provide the Services.
    4. Notwithstanding anything to the contrary in this Agreement, 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.
  9. 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, the accounts of and Services for users who are deemed to be repeat infringers. Kimkim may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, including you, 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: [email protected]
    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.
  10. 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.

  11. Third-Party Content

    Our Services may include links to 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.

  12. User Content and Interactive Areas
    1. Our Services include Interactive Areas that allow you or other users to create, post, share or store 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.
  13. Rights to User Content
    1. kimkim claims no ownership or control over any User Content, except as otherwise expressly provided in this Agreement 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 this Agreement or any applicable law, rule, regulation or third-party right.
  14. 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 this Agreement.
  15. Non-Circumvention

    You agree not to use the Services for the purpose of identifying Local Operators or other third-party vendors for the purpose of bypassing the Services. You agree that any specific booking, itinerary, or inquiry sourced or negotiated through the Services must be completed through the Services. You agree to not use the Services to obtain quotes or identify a Local Operator or third-party vendor for a specific trip and then finalize that booking directly with such Local Operator or third-party vendor off-Service. If you circumvent the Services for such booking, you remain liable for the full Fees associated with that transaction without Compensation. You further agree not to contact or solicit any Local Operator or other third-party vendor introduced to you or discovered by you through the Services, provided that this restriction does not apply to any third-party that you find and contact independently through sources unrelated to the Services. However, the subsequent identification of a Local Operator or third-party vendor using information (such as names, addresses, or other contact information) first observed on the Services shall not constitute independent discovery.

  16. Feedback

    Separate and apart from User Content, you can submit 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.

  17. Contests, Sweepstakes and Other Promotions

    kimkim may administer, operate or run 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. If you wish to participant in a Promotion, you must read and agree to the official rules for that Promotion. In the event of any conflict or inconsistency between this Agreement and the official rules for a Promotion, the official rules will control.

  18. 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 (i) your access to or use of our Services; (ii) any User Content or Feedback you provide; (iii) your violation of this Agreement; (iv) your or Traveler's violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (v) your or Traveler's conduct in connection with our Services; (vi) any claims made by any third parties that participate in any Trip Package you purchase via the Services, or (vii) all claims brough by or on behalf of Traveler against the kimkim Parties in connection with or related to a Trip Package. kimkim reserves the right to control the defense of any such claim, at your expense.

  19. 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.

  20. 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 THIS 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, AND (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.
  21. 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.

    You further acknowledge that kimkim is not responsible or liable in any manner for your interactions or transactions with Travelers, nor for any loss or damage of any sort incurred as the result of any such interactions and transactions.

  22. 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.

  23. Dispute Resolution and Arbitration

    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH KIMKIM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    23.1 Binding Arbitration

    Except for any Disputes arising out of or related to a violation of Sections 12 or 14 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 this Agreement or 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).

    23.2 No Class Arbitrations, Class Actions or Representative Actions

    You and kimkim agree that any Dispute arising out of or related to this Agreement or 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.

    23.3 Federal Arbitration Act

    You and kimkim agree that this Agreement affects interstate commerce and that the enforceability of this Section 23 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.

    23.4 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 23, commence an arbitration proceeding or, to the extent specifically provided for in Section 23.1, file a claim in court.

    23.5 Process

    Except for Disputes arising out of or related to a violation of Sections 12 or 14 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.

    23.6 Authority of Arbitrator

    As limited by the FAA, this Agreement 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 this Agreement. 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.

    23.7 Rules of JAMS

    The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by this Agreement, 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.

    23.8 Severability

    If any term, clause or provision of this Section 23 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 23.2 are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.

  24. Insurance

    You agree to maintain insurance policies sufficient to fulfill your obligations under this Agreement.

  25. Notice

    All notices required or permitted under this Agreement must be in English and in writing. Unless otherwise specified in this Agreement, all notices sent by either you or kimkim in connection with this Agreement will be sent by email as follows: (i) if to you, to the email address associated with your kimkim account; and (ii) if to us, to [email protected] with the following subject line "Official Notice – Travel Advisor Agreement." Notice will be treated as given on receipt, as verified by automated receipt or by electronic log (as applicable).

  26. Applicable Law and Venue

    This 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 23 does not apply, you agree that any action at law or in equity arising out of or relating to this 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 this Agreement.

  27. Termination

    This Agreement will be effective as of the date you register as a Travel Advisor through the Services and, unless terminated in accordance with the terms hereof, will remain in force for an initial term of one (1) year from the date of such registration. Thereafter, this Agreement will automatically renew for additional periods of one (1) year each unless either party provides the other party a notice of non-renewal at least thirty (30) days prior to expiration of the then current term. In addition: (i) either you or we may terminate this Agreement upon ninety (90) days prior notice to the other for any or no reason whatsoever; and (ii) either party may terminate this Agreement effective immediately in the event of a breach of this Agreement by the other party that remains uncured thirty (30) days after receipt of notice of such breach from the terminating party. Upon termination or expiration of this Agreement for any reason, you will immediately cease using the Services as a Travel Advisor and (b) Section 18, Section 23 and any other sections of this Agreement that by their nature and context are intended to survive the termination of this Agreement shall survive the termination of this Agreement.

  28. Changes to This Agreement

    kimkim reserves the right to make changes to this Agreement from time to time. If we do make changes, we will post the amended Agreement 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 Agreement 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 Agreement, you agree to stop using our Services.

  29. Severability

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

  30. 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.

  31. Miscellaneous

    This Agreement constitutes the entire agreement between you and kimkim relating to your access to and use of our Services and your and Traveler's order, receipt and use of products or services made available through our Services. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of kimkim. You may not delegate or subcontract any of your obligations under this Agreement without kimkim's prior written consent, and any purported delegation or subcontracting of your obligations under this Agreement, without kimkim's prior written consent, will be null and void. This Agreement does not create any agency, partnership or joint venture between the parties. No waiver of any provision of this Agreement 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 this Agreement will not constitute a waiver of such right or provision. For purposes of this Agreement: (i) words used in the singular shall be held to include the plural and vice versa and (ii) words of any gender shall be deemed to include the other gender or the neuter, as context requires. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity, including Traveler. If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of this Agreement will remain in effect.