TERMS
AND CONDITIONS
AGREEMENT TO OUR LEGAL TERMS
We are APR CORPORATION ("Company,"
"we," "us," "our"), a
company registered in 300 Olympic-ro, Songpa-gu, Seoul, Republic of Korea.
We
operate a digital platform, including our website and mobile application
(collectively, the "Platform"), as well as any other related
products and services that refer or link to these legal terms (the "Legal
Terms") (collectively, the "Services").
You
can contact us by email at cs123@apr-in.com or by mail to 300
Olympic-ro, Songpa-gu,
Seoul, Republic of Korea.
These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and APR
CORPORATION, concerning your access to and use of the Services. You agree that
by accessing the Services, you have read, understood, and agreed to be bound by
all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Services from time
to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal
Terms from time to time. We will alert you about any changes by updating
the "Last updated" date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 13 years of age. All users who
are minors in the jurisdiction in which they reside (generally under the age of
18) must have the permission of, and be directly supervised by, their parent or
guardian to use the Services. If you are a minor, you must have your parent or
guardian read and agree to these Legal Terms prior to you using the Services.
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The
Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use the Services. You may not use the
Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We
are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks").
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and
treaties in the United States and around the world.
The
Content and Marks are provided in or through the Services "AS
IS" for your personal, non-commercial use or internal business
purpose only.
Your
use of our Services
Subject
to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
solely
for your personal, non-commercial use or internal business purpose.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If
you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your
request to: cs123@apr-in.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately.
Your
submissions and contributions
Please
review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us
any question, comment, suggestion, idea, feedback, or other information about
the Services ("Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation
to you.
Contributions: The Services may invite
you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and materials to
us or through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ("Contributions"). Any
Submission that is publicly posted shall also be treated as a Contribution.
You
understand that Contributions may be viewable by other users of the Services.
When
you post Contributions, you grant us a license (including use of your
name, trademarks, and logos): By posting any Contributions, you grant
us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right,
and license to: use, copy, reproduce, distribute, sell, resell,
publish, broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for
any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to sublicense
the licenses granted in this section. Our use and distribution may occur
in any media formats and through any media channels.
This license includes
our use of your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You
are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the
Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking
accounts, you:
You
are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We
may remove or edit your Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any Contributions at
any time without notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or edit
any such Contributions, we may also suspend or disable your account and report
you to the authorities.
Copyright
infringement
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately refer to the "COPYRIGHT
INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By
using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and
you agree to comply with these Legal Terms; (4) you are not under the age
of 13; (5) you are not a minor in the jurisdiction in which you reside, or
if a minor, you have received parental permission to use the Services; (6) you
will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (7) you will not use the Services for any
illegal or unauthorized purpose; and (8) your use of the Services
will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You
may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You
may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with
any commercial endeavors except those that are specifically endorsed
or approved by us.
As a
user of the Services, you agree not to:
Access
Restriction
If
you violate or are suspected of violating any of the prohibited activities
outlined above, we reserve the right to limit or immediately suspend your
access to the Services. This may include temporarily or permanently suspending
your account or blocking your access to the Services, and you waive any right
to contest or seek compensation for such actions.
6. USER GENERATED CONTRIBUTIONS
The
Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be
viewable by other users of the Services and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
Any
use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights
to use the Services.
7. CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We
do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any
area on the Services. You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Services; and
(3) to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We
may provide you areas on the Services to leave reviews or ratings. When posting
a review, you must comply with the following criteria: (1) you should have
firsthand experience with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or
hateful language; (3) your reviews should not contain discriminatory references
based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We
may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if anyone
considers reviews objectionable or inaccurate. Reviews are not endorsed by us,
and do not necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting a review,
you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to review.
9. GUIDELINES FOR MEMBERSHIP PONITS
Our
member points refer to the mileage points awarded by the "Company" to
registered members based on criteria set within the "Platform." These
points can be used to purchase discount coupons for affiliated stores specified
by the "Service".
The
usage method is determined according to the announcements in the "Service"
or these terms, and the criteria for awarding member points may change
depending on our operational policies. Member points are valid for 90 days from
the date of acquisition. Once the validity period expires, they will be
automatically forfeited, and the "Platform" is not responsible for
this expiration.
In
the event of membership termination, the points will be forfeited, regardless
of the remaining balance, and cannot be transferred to another member's
account. If a member obtains points through fraudulent means, the company may
confiscate the points without prior notice and may restrict the member's
eligibility. Additionally, if the member has used points obtained fraudulently,
the "Platform" may require the member to settle the discrepancy
separately.
The issuance, usage, and expiration of Member Points are subject to our
operational policies, which may change from time to time. Details regarding the
accumulation and use of points will be provided through separate notices or
within the Platform.
10. Mobile Application LICENSE
Use License
If
you access the Services via the Platform, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the Platform
on wireless electronic devices owned or controlled by you, and to access and
use the Platform on such devices strictly in accordance with the terms and
conditions of this Mobile Application license contained in these
Legal Terms. You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the source code of,
or decrypt the Platform; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the Platform; (3) violate any
applicable laws, rules, or regulations in connection with your access or use of
the Platform; (4) remove, alter, or obscure any proprietary notice (including
any notice of copyright or trademark) posted by us or the licensors of the Platform;
(5) use the Platform for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make
the Platform available over a network or other environment permitting access or
use by multiple devices or users at the same time; (7) use the Platform for
creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the Platform; (8) use the Platform
to send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or our
other intellectual property in the design, development, manufacture, licensing,
or distribution of any Platform, accessories, or devices for use with the Platform.
Apple
and Android Devices
The
following terms apply when you use the App obtained from either the Apple Store
or Google Play (each an "App Distributor") to access the
Services: (1) the license granted to you for our App is limited to a
non-transferable license to use the application on a device
that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as specified in the
terms and conditions of this Mobile Application license contained in these
Legal Terms or as otherwise required under applicable law, and you acknowledge
that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the App; (3) in the event of
any failure of the App to conform to any applicable warranty, you may notify
the applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the App,
and to the maximum extent permitted by applicable law, the App Distributor will
have no other warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in
a country that is subject to a US government embargo, or that has been
designated by the US government as a "terrorist
supporting" country and (ii) you are not listed on any US government
list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g., if you have a
VoIP application, then you must not be in violation of their wireless data
service agreement when using the App; and (6) you acknowledge and agree that
the App Distributors are third-party beneficiaries of the terms and conditions
in this Mobile Application license contained in these Legal Terms,
and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this Mobile Application license contained
in these Legal Terms against you as a third-party beneficiary thereof.
Device
Accessibility
You
understand that while using our service, you may be required to grant or deny
access to certain types of data or device functions.
For
example, in order to upload certain contributions (e.g., B&A reviews), you
will need to allow access to the camera or photo album. Additionally, to
successfully connect your mobile device with the AGE-R device and synchronize
schedules, you must allow access to Bluetooth connections and geolocation data.
You
can choose to allow or deny access to this information or functionality by
changing the settings on your device. However, please be aware that modifying
these settings may result in certain features of the service being completely
restricted.
11. SERVICES MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We
care about data privacy and security. Please review our Privacy Policy for full
details. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the Services
are hosted in the United States. If you access the Services from any
other region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws
in the United States, then through your continued use of the
Services, you are transferring your data to the United States, and
you expressly consent to have your data transferred to and processed
in the United States. Further, we do not knowingly accept,
request, or solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 13 has
provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Services as quickly
as is reasonably practical.
13. COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify us using the contact information
provided below (a "Notification"). A copy of your Notification
will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held
liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Services
infringes your copyright, you should consider first contacting an attorney.
14. TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not
be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These
Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the State of California applicable
to agreements made and to be entirely performed within the State
of California, without regard to its conflict of law principles.
17. DISPUTE RESOLUTION
Informal
Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively,
the "Disputes") brought by either you or us (individually,
a "Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding
Arbitration
If
the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the American
Arbitration Association (AAA) website. Your arbitration fees and your share
of arbitrator compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. The arbitration may
be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules
or applicable law, the arbitration will take place in Los
Angeles, California. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the award entered
by the arbitrator.
If
for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal
courts located in Los Angeles, California, and the Parties
hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction
in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal
Terms.
If
this provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or
to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions
to Informal Negotiations and Arbitration
The
Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There
may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
19. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR PLATFORMS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR PLATFORM FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
20.
LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
20.
INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) your Contributions; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation
of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
22. USER DATA
We
will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use
of the Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
25. SUPPLEMENTAL TERMS
Certain
features, services, or promotions offered through the Platform may be governed
by additional terms and conditions (“Supplemental Terms”) that are separately
established and made available through public notices within the Platform.
In
the event of any conflict or inconsistency between these Legal Terms and any
applicable Supplemental Terms, the Supplemental Terms shall prevail and govern
solely with respect to the specific feature, service, or promotion to which
they apply.
For
all other matters not specifically addressed in the Supplemental Terms, these
Legal Terms shall apply in a supplemental and supportive capacity.
26. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
27. CONTACT US
In
order to
resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
APR
CORPORATION
300,
Olympic-ro, Songpa-gu,
Seoul, Republic of Korea
cs123@apr-in.com