<p>The KRO platform is a driver-founded initiative providing fairness to rideshare drivers and riders, and these terms and conditions stand as our contract with you in using the KRO website and platform. This contract is between drivers, riders, and KRO TNC, but is not limited to such and may extend to KRO TNC representatives, affiliates, officers, directors, and, or others as the need arises at the sole discretion of KRO TNC.</p>

<p>This is a legal and binding agreement between you and KRO and constitutes the terms and conditions by which we license youruse of the KRO platform. You agree by using the app platform and its corresponding website to all contents, clauses, and terms of use. Without exception, those who do not agree will not be granted use of the platform. &nbsp;This constitutes a legal and binding agreement and hereby governs protections, rights, disputes, and claims and all parties are bound to its terms and procedures.</p>

<p>You represent by registering on the KRO platform that you are age 18 or over, or if younger you have the consent of a parent or guardian but are 16 or above. KRO does not knowingly register users below 18. All riders must be 18 or over unless accompanied by a parent, or has a parent’s permission, and all drivers must be 21 or above, legally licensed drivers, own or have rented a vehicle in their name, and fall within KRO guidelines for driver eligibility to drive and access the KRO platform. All drivers must accept the KRO guidelines, terms, and conditions upon account creation. Driver terms and conditions are available during the driver application process.&nbsp;</p>

<p>Not only does KRO require ridersto agree to the terms and conditions but also the attached privacy policy, which governs how we collect and use your information when using the KRO application. Our privacy policy also explains your rights and protections.</p>

<p>Be advised that all disputes are handled on a friendly basis. Those that are unable to be resolved are solved by arbitration on an individual basis and all arbitration rulings are final and binding.</p>

<p>Your access to the KRO platform is governed by these terms and conditions and is bound by the acceptance of this agreement. Those who do not agree with or accept the terms and conditions will not be granted use of the platform. By use of the platform or signing up for an account you acknowledge that you are legally capable of entering into binding contracts, and agree to all terms and conditions of use, as well as the KRO privacy policy.</p>

<p>KRO is a technology platform company that provides user access to our custom platform for the purpose of matching independent third-party transportation service providers {drivers}, and service requests {riders} access to the application. Third-party service providers, including drivers, are not employees of KRO, but rather independent contractors, who set their own hours, use their own personal vehicles and purchase their own materials as the cost of operating their third-party services. Independent drivers are paid a preset mileage and minute rate fee for completion of transportation services by KRO. Riders book a ride request, pay for the ride, and independent drivers choose to accept or not accept the ride.</p>

<p>KRO TNC has separate terms and conditions for drivers and internal employees. When there is a conflict between the two terms and conditions the KRO drivers’ terms and agreement, and the KRO internal employee policy will preside over all other agreements on the app or website.</p>

<p><strong><u>Your Information</u></strong></p>

<p><strong>Section A</strong></p>

<p><strong>A1</strong></p>

<p>All drivers and riders as part of the sign-up or account creation process are required to agree to the terms of this agreement which governs the use of the technical mobile platform app, and grants users a license to access the platform. Those that don’t agree to accept these terms and conditions will not be granted access. Drivers are required to agree to separate driver terms and conditions thatgovern their platform use.</p>

<p>All users will be required to submit information when creating a user account and when booking a trip. All users when creating an account will be asked the full name, address, email, phone number, payment method, and information. Those without identifying information will not be granted access or use of the KRO platform. When you create an account with KRO you must provide us with information that is accurate, complete, and current. Failure to do so constitutes a breach of terms, which may result in immediate termination of your account on our app.</p>

<p>During the sign-up process, users create a username and unique password. The password will be used for users to access the KRO platform and should not be shared with a third party. KRO is not responsible for stolen information, and third parties gaining access to your information. Users are responsible for safeguarding their information and password.</p>

<p>You further agree:</p>

<ul>
	<li>you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement;</li>
	<li>all the information you have presented to us is accurate, correct and complete;you will keep KRO rider accounts accurate and profile information updated at all times;</li>
	<li>you will not authorize other persons to use your KRO rider account nor transfer or assign it to any other person;</li>
	<li>you will not use the KRO Services for unauthorized or unlawful purposes and impair the proper operation of the KROServices;</li>
</ul>

<p><strong><u>Payments</u></strong></p>

<p><strong>A2</strong></p>

<p>All payments when booking rides will be made electronically by credit, debit or an online payment method during the booking. All bookings are prepaid. All transactions will be in-app purchases. We do not accept payments or account sign-up through the website currently. &nbsp;All payments are processed electronically, and we do not accept cash.</p>

<p><strong><em>By supplying us with credit card information, including numbers and identifying features you certify that:</em></strong></p>

<ul>
	<li>you have the legal right to use the credit or debit card</li>
	<li>you have the right to use other alternative means of payment such as PayPal, apple pay, and others</li>
	<li>that such cards are legitimate</li>
	<li>information you supply is accurate, complete, and true</li>
</ul>

<p>All accounts found to be fraudulent, or the result of stolen identities will be immediately canceled and users banned from the KRO APP.</p>

<p>You also certify acknowledgment and approval by submitting your credit card information that your credit card, debit, or other identifying information will be used to process payment by a third-party provider. All bookings are considered a one-time payment. KRO accepts various payment methods, such as Visa, Mastercard, and others. Our third-party processor is Stripe. All payments are subject to validation checks and authorization by your card provider.</p>

<p>Your ride will not be confirmed if payment cannot be processed, or funds are not available on the card.</p>

<p>Riders are responsible for up-to-date payment information. KRO is not responsible for processing payments to those deemed as wrong payment information on KRO rider accounts. All information on rider accounts is thesole responsibility of account holders to update and KRO is not responsible or liable.</p>

<p><strong><u>Cancellations</u></strong></p>

<p><strong>A3</strong></p>

<p>KRO allows riders to cancel the trip, but we charge a cancellation fee if rides are not canceled within three minutes of booking.All purchases are done through the app and are estimated costs. In-app bookings cannot be redeemed for cash or other consideration or otherwise transferred.</p>

<p>Please note that drivers are required to wait 5 minutes for riders who are not at the pickup point when the driver arrives. Riders will pay a minute charge during the time riders are waiting.</p>

<p><strong><u>Charges</u></strong></p>

<p><strong>A4</strong></p>

<p>KRO charges riders a fee for services. Charges include a base fee, booking fee, pickup fee, and trip fee,as well as other fees when applicable, such as airport access fee. Charges include cost per mile, and per minute. KRO reserves the right to change or alter rider fees at any time, for any reason. An approximate fee for the ride will be visible to riders on the app when booking their trip and are estimated costs.</p>

<p>Please note riders that drivers are required to wait five minutes for riders that are not at the pick-up point when drivers arrive. Riders will be a lower per-minute cost for those 5 minutes. After 5 minutes driver has the right to cancel rides. If drivers cancel the ride riders will be charged a cancellation fee. Minimum cancellation is $8, or per mile and per minute, whichever is greater.</p>

<p><strong><u>Refunds</u></strong></p>

<p><strong>A5</strong></p>

<p>All refunds are only issued under certain circumstances. Our platform automatically calculates your ride by mileage and minute when you book a trip. If trips are ended early, or rider chooses a different drop-off point than when trip was booked the platform will automatically recalculate your ride cost, and charge accordingly. If a rider requests a refund that request must be made through customer service. Our customer service representatives will work to resolve any issues, and all refund requests must have just cause. These are the following reasons under which a refund would be issued after an investigation by a customer service representative. We do not issue refunds without investigation. If refunds are issued, they will be issued on the credit card on the account. We do not issue checks.</p>

<p>We also do not refund riders for bookings in which the driver arrives at the location and the rider has left or doesn’t arrive at the pick-up location. Drivers that are unable to pick up riders will cancel the ride;however riders will still be charged a cancellation fee.</p>

<p><strong><u>Texting/In Vehicle Cams</u></strong></p>

<p><strong>A6</strong></p>

<p>KRO allows texting and phone calling between riders and drivers so that riders can give the driver special instructions or communicate in the event drivers can’t locate the rider. Such communication may be recorded by KRO for safety reasons. While we encourage communication between the driver and rider abusive, discriminatory, and harassing communication is not allowed. If such communication occurs drivers have the right to end rides, and KRO may review accounts for deletion. All instances of abuse, discrimination, and harassment toward riders or drivers should be reported to customer service for investigation.</p>

<p>KRO also allows drivers to install dash cams and record the ride, and this is not a violation of rider rights. Riders by accepting a ride with a driver with an in-car dash cam submit to be recorded, which you acknowledge may be transferred to KRO or local police if an in-car incident, physical, verbal abuse, or violence occurs.</p>

<p><strong><u>Customer Service</u></strong></p>

<p><strong>A7</strong></p>

<p>KRO offers a customer service line to drivers and riders. Those with technical issues, road issues, or account issues can speak with customer service to resolve their issues. Representatives are located within the United States.&nbsp;</p>

<p>KRO is not responsible for users’ inability to use the customer service line and is not responsible for data breaches, data interruptions, third-party issues, service providers, developer platform issues, or problems affecting the KRO platform, or customer service.&nbsp; We do not guarantee access or language preference. We may offer other languages at our discretion, but KRO is under no obligation to do so. We also do not guarantee, implied or otherwise that all customer service agents will solve all driver or rider complaints, issues, or problems.</p>

<p><strong><u>Lost and Found</u></strong></p>

<p><strong><u>A8</u></strong></p>

<p>KRO is not responsible for rider items left in vehicles, or payment of losses. KRO does not reimburse passengers for lost items. If you leave an item in the driver’s vehicle you may report it to KRO customer service. If a driver finds the item in his vehicle, he will return the item to you for a fee.</p>

<p><strong><u>Damages</u></strong></p>

<p><strong><u>A9</u></strong></p>

<p>For damage to driver vehicles caused during a ride, riders may be charged a cleaning and or damage and loss fee. KRO is not responsible for reimbursing riders for damage incurred to drive vehicles or damage and loss charges. Such charges are at the discretion of KRO. In addition, KRO is not responsible for loss of rider property or lost or forgotten property.</p>

<p><strong><u>Car Seats and Riders</u></strong></p>

<p><strong><u>A10</u></strong></p>

<p><strong>Car Seats</strong></p>

<p>All riders are responsible for accompanying children, their safety, and car seat restraints. KRO does not provide options for booking vehicles with car seats. All car seats must be provided by the rider. Riders are also responsible for the proper assembly and attaching child restraining car seats, buckles or other car seatrestraining devices. KRO and all third-party drivers are not responsible for child safety, or car seat attachment.</p>

<p><strong>Number of Riders</strong></p>

<p>KRO X – Up to 4 people. (If riders have four people in their booking, with accompanying luggage we recommend booking the KRO XL.)</p>

<p>LUX – Up to 4 people. (If riders have four people in their booking, with accompanying luggage we recommend booking the KRO SUV.)</p>

<p>KRO XL – Up to 6 people</p>

<p>SUV – Up to 6 people.</p>

<p><strong><u>Restrictions</u></strong></p>

<p><strong>Section A11</strong></p>

<p><strong><em>KRO reserves the right to restrict access to our services for the following reasons, OR for any reason it deems appropriate:</em></strong></p>

<ul>
	<li>fraudulent accounts</li>
	<li>Stolen Identities</li>
	<li>users who create safety conditions</li>
	<li>users below the age of 18</li>
	<li>users who harass drivers</li>
	<li>users who harass riders</li>
	<li>drivers, or riders who discriminate for race, sex, or disability</li>
</ul>

<p>KRO reserves the right to restrict or ban access to the platform for violation of our discrimination, safety, or good standing policies. Safety in our fair ride for all standards is extremely important. We reserve the right to cancel rides that do not comply with our policies and procedures. KRO may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms and conditions. Upon termination, your right to use the platform will cease immediately.</p>

<p><strong>User Restrictions:</strong></p>

<p>KRO prohibits all from removing copyright symbols, trademarks, and proprietary information. You are restricted from modifying or copying our reproducing information, data, and platform. You may not transmit or stream the services without written consent on our letterhead. You may not resell, distribute, or otherwise financially profit, or distribute or copy in any way our platform, information, media materials, or data. You are restricted from transferring, reselling, or otherwise modifying or licensing to others our platform or services for any reason.</p>

<p><strong>Other Restrictions:</strong></p>

<p>We restrict all users, drivers, and riders from carrying drugs, alcohol, or a firearm in all vehicles. Those who do will be reported to KRO by third-party drivers and banned from the platform. Absolutely no firearms or other weapons in third-party vehicles.</p>

<p>Pertinent to each state we may also require riders to wear masks due to the Coronavirus. When under state-mandated guidelines those who refuse will not be offered a ride.</p>

<p>Other restrictions may apply to the vehicle of individual drivers. All drivers have the right to end a ride due to safety concerns or to charge a fee for damage to the vehicle. Damage charges will vary dependent on the damage to the vehicle.</p>

<p><strong>Sexual harassment, Discrimination</strong></p>

<p><strong>A12</strong></p>

<p>KRO takes sexual harassment and discrimination very seriously. KRO’s harassment and discrimination policies are part of this agreement. Please see harassment and discrimination policy at kro.one.</p>

<p><strong>Section B</strong></p>

<p><strong>Intellectual Property Infringement</strong></p>

<p><strong>Section B1</strong></p>

<p>We respect the intellectual property rights of others. While we have very little information on our website or app not written or created by KRO or our third-party paid providers it is our policy to respond to any claim of copyright infringement on our app or website.</p>

<p>If you are a copyright owner or authorized on behalf of one and you believe the copyrighted work has been copied in any way that constitutes copyright infringement that is taking place through our website or app you must submit a notice in writing to the attention of KRO at&nbsp;<a href="mailto:contact@kro.one">contact@kro.one</a>&nbsp;and include in your notice a detailed description of the alleged infringement.</p>

<p>You may be held accountable for damages (including costs and attorney’s fees) for misrepresenting that any content is infringing on your copyright if that is not true.</p>

<p>DMCA Notice and DMCA Procedure for Copyright Infringement Claims</p>

<p>You may submit a notification pursuant to the Digital Millennium Copyright ACT 9DMCA) by providing our Copyright agent with the following information in writing (see 17 U.S.C 512 (c) (3) for further details]:</p>

<ul>
	<li>An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.</li>
	<li>A description of the copyrighted work that you claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted work.</li>
	<li>Identification of the URL or other specific location on the website or the app where the material that you claim is infringing is located.</li>
	<li>Your address, telephone number, and email address</li>
	<li>A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.</li>
	<li>A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.</li>
</ul>

<p>You can contact our copyright agent via email at&nbsp;<a href="mailto:contact@kro.one">contact@kro.one</a>. Upon receipt of the notification, KRO will take whatever action, in its sole discretion, it deems appropriate, including the removal of the challenged content from the service.</p>

<p><strong>Intellectual Property</strong></p>

<p><strong>Section B2</strong></p>

<p>KRO and its original content features, and functionality are and will remain the exclusive property of KRO and its licensures. The KRO app is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks, app, its contents, slogans, marketing materials, and graphical representations may not be used in connection with any other company’s product, goods or service without the prior written consent of KRO. KRO remains the sole and exclusive property of KRO TNC.</p>

<p>In addition, all KRO APP users must agree to the following. In course of using the KRO Rider App and/or Driver Account you may not:</p>

<ul>
	<li>decompile, reverse engineer, or otherwise attempt to obtain the source code of the KRO App, the KRO Driver Account, or other software of KRO</li>
	<li>modify the KRO App or the Rider or Driver Accounts in any manner or form or to use modified versions of the KRO App or KRO Driver Account</li>
	<li>transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on KRO Platform</li>
	<li>attempt to gain unauthorized access to the KRO App, KRO Rider or Driver Accounts, or any other KRO Services</li>
</ul>

<p><strong>Your Feedback</strong></p>

<p><strong>Section B3</strong></p>

<p>You assign all rights, titles, and interests in any feedback you provide KRO. You agree to grant KRO a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, use in marketing materials, on social media, or otherwise use it to promote the KRO app without restriction.</p>

<p><strong>Disputes</strong></p>

<p><strong>Section B4</strong></p>

<p><u>Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its consumerrules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof</u>.</p>

<p>Any dispute, claim, or grievance arising from or relating to the interpretation or application of this agreement shall be submitted to arbitration administered by the American Arbitration Association under its Labor Arbitration Rules. The parties further agree to accept the arbitrator’s award is final and binding on them.</p>

<p>You understand that all disputes and grievances will be resolved solely through arbitrators, and neither party will have the right to sue in a court of law. Suing in court or going to trial is not allowed. All disputes are settled by arbitration, and arbitration results and rulings are final and binding. All arbitration rulings are on an individual basis, and not as a class action ruling.</p>

<p><strong>Arbitration</strong></p>

<p><strong>B5</strong></p>

<p><strong>Arbitration procedures will follow the American Association of Arbitrator guidelines and rules, or AAA. Such rules will follow the consumer arbitration rules and in addition any state arbitration laws of New Jersey. Please visit&nbsp;</strong><a href="http://www.adr.org/"><strong>www.adr.org</strong></a><strong>&nbsp;for in depth information about AAA rules. All cases are decided on an individual basis without regard to prior cases and at no time class action suits. All proceedings will be held in the state of New Jersey. All parties equally share in costs. KRO may update and further modify this arbitration agreement at a later date.</strong></p>

<p><strong>Rules pertaining to consumer disputes for arbitration by the AAA rules:&nbsp;</strong><a href="https://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf"><strong>https://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf</strong></a></p>

<p><strong>Starting Arbitration under an Arbitration Agreement in a Contract</strong></p>

<p><strong>(a) Arbitration filed under an arbitration agreement naming the AAA shall be started</strong></p>

<p><strong>in the following manner:</strong></p>

<p><strong>(1) The party who starts the arbitration (referred to as the “claimant” throughout</strong></p>

<p><strong>the arbitration) must contact, in writing, the party that the case is filed against</strong></p>

<p><strong>(referred to as the “respondent” throughout the arbitration) that it wishes to</strong></p>

<p><strong>arbitrate a dispute. This written contact is referred to as the Demand for</strong></p>

<p><strong>Arbitration (“Demand”). The Demand must do the following:</strong></p>

<ul>
	<li><strong>Briefly explain the dispute</strong></li>
	<li><strong>List the names and addresses of the consumer and the business, and,</strong></li>
</ul>

<p><strong>if known, the names of any representatives of the consumer and the</strong></p>

<p><strong>business</strong></p>

<ul>
	<li><strong>Specify the amount of money in dispute, if applicable</strong></li>
	<li><strong>Identify the requested location for the hearing if an in-person hearing is</strong></li>
</ul>

<p><strong>requested</strong></p>

<ul>
	<li><strong>State what the claimant wants</strong></li>
</ul>

<p><strong>(2) The claimant must also send one copy of the Demand to the AAA at the same</strong></p>

<p><strong>time the demand is sent to the respondent. When sending a Demand to the</strong></p>

<p><strong>AAA, the claimant must also send the following:</strong></p>

<ul>
	<li><strong>A copy of the arbitration agreement contained in the contract and/or</strong></li>
</ul>

<p><strong>agreement and/or purchase document</strong></p>

<ul>
	<li><strong>The proper filing fee; the amount of the filing fee can be found in the</strong></li>
</ul>

<p><strong>Costs of Arbitration section at the end of these Rules.</strong></p>

<p><strong>12 ARBITRATION RULES American Arbitration Association</strong></p>

<p><strong>(3) If the arbitration is pursuant to a court order, the claimant must send one</strong></p>

<p><strong>copy of the Demand to the AAA at the same time the Demand is sent to the</strong></p>

<p><strong>respondent. When sending a demand to the AAA, the claimant must also</strong></p>

<p><strong>send the following:</strong></p>

<ul>
	<li><strong>A copy of the court order</strong></li>
	<li><strong>A copy of the arbitration agreement contained in the contract and/or</strong></li>
</ul>

<p><strong>agreement and/or purchase document</strong></p>

<ul>
	<li><strong>The proper filing fee</strong></li>
</ul>

<p><strong>The filing fee must be paid before a matter is considered properly filed. If the court order directs that a specific party is responsible for the filing fee, it is the responsibility of the filing party either to make such payment to the AAA and seek reimbursement as directed in the court order or to make other such arrangements so that the filing fee is submitted to the AAA with the Demand.</strong></p>

<p><strong>The claimant may file by mail. The mailing address of the AAA’s Case Filing</strong></p>

<p><strong>Services is:</strong></p>

<p><strong>American Arbitration Association</strong></p>

<p><strong>Case Filing Services</strong></p>

<p><strong>1101 Laurel Oak Road, Suite 100</strong></p>

<p><strong>Voorhees, NJ 08043</strong></p>

<p><strong>Or, the claimant may file online using AAA WebFile: https://www.adr.org</strong></p>

<p><strong>Or, the claimant may file at any of the AAA’s offices.</strong></p>

<p><strong>(b) The AAA will send a written notice letting the consumer and the business know the Demand for Arbitration has been received.</strong></p>

<p><strong>(c) The respondent may submit a written response to the Demand, known as an “answer,” which describes how the respondent responds to the claimant’s claim.</strong></p>

<p><strong>The answer must be sent to the AAA within 14 calendar days after the date the AAA notifies the parties that the Demand for Arbitration was received and all filing requirements were met. The answer must be</strong></p>

<ul>
	<li><strong>in writing sent to the AAA, and sent to the claimant at the same time.</strong></li>
</ul>

<p><strong>(d) The respondent may also file a counterclaim, which is the respondent filing a</strong></p>

<p><strong>Demand against the claimant. If the respondent has a counterclaim, the</strong></p>

<p><strong>The counterclaim must briefly explain the dispute, and specify the amount of money involved, and state what the respondent wants.</strong></p>

<p><strong>Rules Amended and Effective September 1, 2014. Costs of Arbitration Amended and Effective November 1, 2020. CONSUMER 13</strong></p>

<p><strong>(e) If no answer is filed within 14 calendar days, the AAA will assume that the respondent does not agree with the claim filed by the claimant. The case will move forward after 14 days regardless of whether an answer is filed.</strong></p>

<p><strong>(f) When sending a Demand or an answer, the consumer and the business are encouraged to provide enough details to make the dispute clear to the arbitrator.</strong></p>

<p><strong>Rules:</strong></p>

<p><strong>AAA fees shall be paid in accordance with the Costs of Arbitration rules on the AAA website. The following are rules pertaining to consumer arbitration through the AAA written guidelines:</strong></p>

<p><strong>Expenses</strong></p>

<p><strong>Unless otherwise agreed by the parties or as provided under applicable law, the expenses of witnesses for either side shall be borne by the party producing such witnesses.</strong></p>

<p><strong>All expenses of the arbitrator, including required travel and other expenses, and any AAA expenses, as well as the costs relating to proof and witnesses produced at the direction of the arbitrator, shall be borne in accordance with the Costs of Arbitration section is found at the end of these Rules.</strong></p>

<p><strong>R-8. Changes of Claim</strong></p>

<p><strong>Once a Demand has been filed, any new claims or counterclaims, or changes to the claim or counterclaim, must be made in writing and sent to the AAA. The party making the new or different claim or counterclaim shall send a copy to the opposing party. As with the original Demand or counterclaim, a party shall have</strong></p>

<p><strong>14 calendar days from the date the AAA notifies the parties it received the new or different claim or counterclaim to file an answering statement with the AAA.</strong></p>

<p><strong>If an arbitrator has already been appointed, a new or different claim or counterclaim may only be considered if the arbitrator allows it.</strong></p>

<p><strong>Rules Amended and Effective September 1, 2014. Costs of Arbitration Amended and Effective November 1, 2020. CONSUMER 15</strong></p>

<p><strong>R-9. Small Claims Option for the Parties</strong></p>

<p><strong>If a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows:</strong></p>

<p><strong>(a) The parties may take their claims to small claims court without first filing with the AAA.</strong></p>

<p><strong>(b) After a case is filed with the AAA, but before the arbitrator is formally appointed to the case by the AAA, a party can send a written notice to the opposing party and the AAA that it wants the case decided by a small claims court. After receiving this notice, the AAA will administratively close the case.</strong></p>

<p><strong>(c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the AAA, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court.</strong></p>

<p><strong>R-10. Administrative Conference with the AAA</strong></p>

<p><strong>At the request of any party or if the AAA should so decide, the AAA may have a telephone conference with the parties and/or their representatives. The conference may address issues such as arbitrator selection, the possibility of a mediated settlement, exchange of information before the hearing, timing of the hearing, the type of hearing that will be held, and other administrative matters.</strong></p>

<p><strong>R-11. Fixing of Locale (the city, county, state, territory and or country where the arbitration will take place)</strong></p>

<p><strong>If an in-person hearing is to be held and if the parties do not agree to the locale where the hearing is to be held, the AAA initially will determine the locale of the arbitration. If a party does not agree with the AAA’s decision, that party can ask the arbitrator, once appointed, to make a final determination. The locale determination will be made after considering the positions of the parties, the circumstances of the parties and the dispute, and the Consumer Due Process</strong></p>

<p><strong>Protocol.</strong></p>

<p><strong>16 ARBITRATION RULES American Arbitration Association</strong></p>

<p><strong>R-12. Business Notification and Publicly-Accessible Consumer Clause Registry</strong></p>

<p><strong>Beginning September 1, 2014, a business that provides for or intends to provide for these Rules or another set of AAA Rules in a consumer contract (as defined in</strong></p>

<p><strong>R-1) should:</strong></p>

<ol>
	<li><strong>notify the AAA of the existence of such a consumer contract or of its intention</strong></li>
</ol>

<p><strong>to do so at least 30 days before the planned effective date of the contract.</strong></p>

<ol>
	<li><strong>provide the AAA a copy of the arbitration agreement.</strong></li>
</ol>

<p><strong>Upon receiving the arbitration agreement, the AAA will review the agreement for material compliance with due process standards contained in the Consumer Due Process Protocol and the Consumer Arbitration Rules (see Rule 1(d)). There is a nonrefundable fee to conduct this initial review and maintain a publicly-available</strong></p>

<p><strong>clause registry, which is detailed in the Costs of Arbitration section found at the end of these Rules. Any subsequent changes, additions, deletions, or amendments to a currently-registered arbitration agreement must be resubmitted for review and a review fee will be assessed at that time. The AAA will decline to administer consumer arbitrations arising out of that arbitration agreement where the business fails to pay the review fee.</strong></p>

<p><strong>If a business does not submit its arbitration agreement for review and a consumer arbitration then is filed with the AAA, the AAA will conduct an expedited review at that time. Along with any other filing fees that are owed for that case, the business also will be responsible for paying the nonrefundable review and</strong></p>

<p><strong>Registry fee (including any fee for expedited review at the time of filing) for this initial review, which is detailed in the Costs of Arbitration section found at the end of these Rules. The AAA will decline to administer consumer arbitrations arising out of that arbitration agreement if the business declines to pay the review and Registry fee.</strong></p>

<p><strong>After the AAA reviews the submitted consumer clause, receives the annual consumer registry fee, and determines it will administer consumer-related disputes filed pursuant to the consumer clause, the business will be included on the publicly-accessible Consumer Clause Registry. This Consumer Clause</strong></p>

<p><strong>Registry maintained by the AAA will contain the name of the business, the address, and the consumer arbitration clause, along with any related documents as deemed necessary by the AAA. The AAA’s review of a consumer arbitration clause and determination whether or not to administer arbitrations pursuant to that clause is only an administrative determination by the AAA and cannot be</strong></p>

<p><strong>Rules Amended and Effective September 1, 2014. Costs of Arbitration Amended and Effective November 1, 2020. CONSUMER 17</strong></p>

<p><strong>Relied upon or construed as a legal opinion or advice regarding the enforceability of the arbitration clause. Consumer arbitration agreements may be registered at: www.adr.org/ClauseRegistry or via email at consumerreview@adr.org.</strong></p>

<p><strong>For more information concerning the Consumer Clause Registry, please visit the</strong></p>

<p><strong>AAA’s website at www.adr.org/ClauseRegistry.</strong></p>

<p><strong>The Registry fee to initially review a business’s agreement and maintain the clause registry list is a yearly, non-refundable fee for the business’s arbitration agreement. Any different arbitration agreements submitted by the same business or its subsidiaries must be submitted for review and are subject to the current review fee.</strong></p>

<p><strong>If the AAA declines to administer a case due to the business’s non-compliance with this notification requirement, the parties may choose to submit their dispute to the appropriate court.</strong></p>

<p><strong>R-13. AAA and Delegation of Duties</strong></p>

<p><strong>When the consumer and the business agree to arbitrate under these Rules or other AAA rules, or when they provide for arbitration by the AAA and an arbitration is filed under these Rules, the parties also agree that the AAA will administer the arbitration. The AAA’s administrative duties are set forth in the parties’ arbitration agreement and in these Rules. The AAA will have the final decision on which office and which AAA staff members will administer the case.</strong></p>

<p><strong>Arbitrations administered under these Rules shall only be administered by the</strong></p>

<p><strong>AAA or by an individual or organization authorized by the AAA to do so.</strong></p>

<p><strong>R-14. Jurisdiction</strong></p>

<p><strong>(a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.</strong></p>

<p><strong>(b) The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract.</strong></p>

<p><strong>A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause.</strong></p>

<p><strong>(c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than the filing of the answering statement to the claim or counterclaim that gives rise to the objection. The arbitrator may rule on such objections as a preliminary matter or as part of the final award.</strong></p>

<p><strong>18 ARBITRATION RULES American Arbitration Association</strong></p>

<p><strong>Appointing the Arbitrator</strong></p>

<p><strong>R-15. National Roster of Arbitrators</strong></p>

<p><strong>The AAA maintains a National Roster of Arbitrators (“National Roster”) and shall appoint arbitrators from this National Roster to resolve the parties’ dispute(s).</strong></p>

<p><strong>R-16. Appointment from National Roster</strong></p>

<p><strong>(a) If the parties have not appointed an arbitrator and have not agreed to a process for appointing the arbitrator, immediately after the filing of the submission agreement or the answer, or after the deadline for filing the answer, the AAA will administratively appoint an arbitrator from the National Roster.</strong></p>

<p><strong>(b) If the parties’ arbitration agreement provides for three or more arbitrators and they have not appointed the arbitrators and have not agreed to a process for appointing the arbitrators, immediately after the filing of the submission agreement or the answer, or after the deadline for filing the answer, the AAA will administratively appoint the arbitrators from the National Roster. The AAA will appoint the chairperson.</strong></p>

<p><strong>(c) Arbitrator(s) serving under these Rules will be neutral and must meet the standards of R-19 with respect to being impartial and independent.</strong></p>

<p><strong>R-17. Number of Arbitrators</strong></p>

<p><strong>If the arbitration agreement does not specify the number of arbitrators and the parties do not agree on the number, the dispute shall be heard and decided by one arbitrator.</strong></p>

<p><strong>R-18. Disclosure</strong></p>

<p><strong>(a) Any person appointed or to be appointed as an arbitrator, as well as the parties and their representatives, must provide information to the AAA of any circumstances likely to raise justifiable doubt as to whether the arbitrator can remain impartial or independent. This disclosure of information would include:</strong></p>

<p><strong>(1) any bias;</strong></p>

<p><strong>(2) any financial interest in the result of the arbitration;</strong></p>

<p><strong>(3) any personal interest in the result of the arbitration; or</strong></p>

<p><strong>(4) any past or present relationship with the parties or their representatives.</strong></p>

<p><strong>Such obligation to provide disclosure information remains in effect throughout the arbitration. A failure on the part of a party or a representative to comply with the requirements of this rule may result in the waiver of the right to object to an arbitrator in accordance with Rule R-50.</strong></p>

<p><strong>Rules Amended and Effective September 1, 2014. Costs of Arbitration Amended and Effective November 1, 2020. CONSUMER 19</strong></p>

<p><strong>(b) If the AAA receives such information from the arbitrator or another source, the</strong></p>

<p><strong>AAA will communicate the information to the parties. If the AAA decides it is</strong></p>

<p><strong>appropriate, it will also communicate the information to the arbitrator and others.</strong></p>

<p><strong>(c) In order to encourage disclosure by arbitrators, disclosing such information does not mean that the arbitrator considers the disclosed information will likely affect his or her ability to be impartial or independent.</strong></p>

<p><strong>R-19. Disqualification of Arbitrator</strong></p>

<p><strong>(a) Any arbitrator shall be impartial and independent and shall perform his or her duties carefully and in good faith. The AAA may disqualify an arbitrator who shows</strong></p>

<p><strong>(1) partiality or lack of independence;</strong></p>

<p><strong>(2) inability or refusal to perform his or her duties with diligence and in good faith; or</strong></p>

<p><strong>(3) any grounds for disqualification provided by applicable law.</strong></p>

<p><strong>(b) If a party objects to the continued service of an arbitrator, or if the AAA should so</strong></p>

<p><strong>decide to raise the issue of whether the arbitrator should continue on the case, the AAA will decide if the arbitrator should be disqualified. After gathering the opinions of the parties, the AAA will decide and that decision shall be final and conclusive.</strong></p>

<p><strong>R-20. Vacancies</strong></p>

<p><strong>If for any reason an arbitrator cannot or is unwilling to perform the duties of the office, the AAA may declare the office vacant. Any vacancies shall be filled based on the original procedures used to appoint the arbitrator. If a substitute arbitrator is appointed, the substitute arbitrator will decide if it is necessary to repeat all or part of any prior ruling or hearing.</strong></p>

<p><strong>20 ARBITRATION RULES American Arbitration Association</strong></p>

<p><strong>Pre-Hearing Preparation</strong></p>

<p><strong>R-21. Preliminary Management Hearing with the Arbitrator</strong></p>

<p><strong>(a) If any party asks for, or if the AAA or the arbitrator decides to hold one, the</strong></p>

<p><strong>arbitrator will schedule a preliminary management hearing with the parties and/or their representatives as soon as possible. The preliminary management hearing will be conducted by telephone unless the arbitrator decides an in-person preliminary management hearing is necessary.</strong></p>

<p><strong>(b) During the preliminary management hearing, the parties and the arbitrator should discuss the future conduct of the case, including clarification of issues and claims, scheduling of the hearings, and any other preliminary matters.</strong></p>

<p><strong>(c) The arbitrator shall promptly issue written orders that state the arbitrator’s decisions made during or as a result of the preliminary management hearing. The arbitrator may also conduct additional preliminary management hearings if the need arises.</strong></p>

<p><strong>R-22. Exchange of Information between the Parties</strong></p>

<p><strong>(a) If any party asks or if the arbitrator decides on his or her own, keeping in mind that arbitration must remain a fast and economical process, the arbitrator may direct</strong></p>

<p><strong>1) specific documents and other information to be shared between the consumer and business, and</strong></p>

<p><strong>2) that the consumer and business identify the witnesses, if any, they plan to have testify at the hearing.</strong></p>

<p><strong>(b) Any exhibits the parties plan to submit at the hearing need to be shared between the parties at least five business days before the hearing, unless the arbitrator sets a different exchange date.</strong></p>

<p><strong>(c) No other exchange of information beyond what is provided for in section (a) above is contemplated under these Rules, unless an arbitrator determines further information exchange is needed to provide for a fundamentally fair process.</strong></p>

<p><strong>(d) The arbitrator has authority to resolve any disputes between the parties about exchanging information.</strong></p>

<p><strong>R-23. Enforcement Powers of the Arbitrator</strong></p>

<p><strong>The arbitrator may issue any orders necessary to enforce the provisions of rules R-21 and R-22 and to otherwise achieve a fair, efficient, and economical resolution of the case, including, but not limited to:</strong></p>

<p><strong>(a) an order setting the conditions for any exchange or production of confidential documents and information, and the admission of confidential evidence at the hearing in order to preserve such confidentiality;</strong></p>

<p><strong>Rules Amended and Effective September 1, 2014. Costs of Arbitration Amended and Effective November 1, 2020. CONSUMER 21</strong></p>

<p><strong>(b) to the extent the exchange of information takes place pursuant to R-22, imposing reasonable search limitations for electronic and other documents if the parties are unable to agree;</strong></p>

<p><strong>(c) allocating costs of producing documentation, including electronically-stored</strong></p>

<p><strong>documentation;</strong></p>

<p><strong>(d) in the case of willful non-compliance with any order issued by the arbitrator, drawing adverse inferences, excluding evidence and other submissions, and/or making special allocations of costs or an interim award of costs arising from such non-compliance; and</strong></p>

<p><strong>(e) issuing any other enforcement orders that the arbitrator is empowered to issue under applicable law.</strong></p>

<p><strong>R-24. Written Motions (except for Dispositive Motions—see R-33)</strong></p>

<p><strong>The arbitrator may consider a party’s request to file a written motion (except for Dispositive Motions— see R-33) only after the parties and the arbitrator conduct a conference call to attempt to resolve the issue that gives rise to the proposed motion. Only after the parties and the arbitrator hold the call may the arbitrator consider a party’s request to file a written motion. The arbitrator has the sole discretion to allow or deny the filing of a written motion and his or her decision is final.</strong></p>

<p><strong>R-25. Representation of a Party</strong></p>

<p><strong>Any party may participate in the arbitration without representation, or may be represented by counsel or other authorized representative, unless such choice is prohibited by applicable law. A party intending to be represented shall give the opposing party and the AAA the name, address, and contact information of the representative at least three business days before the hearing where that representative will first appear in the case. It will be considered proper notice if a representative files the arbitration demand or answer or responds for a party during the course of the arbitration. While parties do not need an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party’s rights. As such, parties may want to consider consulting an attorney.</strong></p>

<p><strong>22 ARBITRATION RULES American Arbitration Association</strong></p>

<p><strong>R-26. Setting the Date, Time, and Place (the physical site of the hearing within</strong></p>

<p><strong>the designated locale) of Hearing</strong></p>

<p><strong>The arbitrator will set the date, time, and place for each hearing within the locale as determined in R-11. A hearing may be by telephone or in-person. For their</strong></p>

<p><strong>part, the parties commit to:</strong></p>

<p><strong>(1) respond promptly to the arbitrator when he or she asks what dates the parties are available to have the hearings;</strong></p>

<p><strong>(2) cooperate in the scheduling of the hearing on the earliest possible date; and</strong></p>

<p><strong>(3) follow the hearing schedule set up by the arbitrator.</strong></p>

<p><strong>The AAA will send a notice of the hearing to the parties at least 10 days before the hearing date, unless the parties agree to a different time frame.</strong></p>

<p><strong>R-27. Written Record of Hearing</strong></p>

<p><strong>(a) If a party wants a written record of the hearing, that party must make such arrangement directly with a stenographer (court reporter) and notify the opposing parties, the AAA, and the arbitrator of these arrangements at least three business days before the hearing. The party or parties who request the written record shall pay the cost of the service.</strong></p>

<p><strong>(b) No other type of recording will be allowed unless the parties agree or the arbitrator directs a different form of recording.</strong></p>

<p><strong>(c) The arbitrator may resolve disputes between the parties over who will pay the costs of the written record or other type of recording.</strong></p>

<p><strong>(d) The parties can agree or the arbitrator may decide that the transcript (written record) is the official record of the hearing. If it is the official record of the hearing, the transcript must be given to the arbitrator and made available to all the parties so that it can be reviewed. The date, time, and place of the inspection will be decided by the arbitrator.</strong></p>

<p><strong>R-28. Interpreters</strong></p>

<p><strong>If a party wants an interpreter present for any part of the process, that party must</strong></p>

<p><strong>make arrangements directly with the interpreter and shall pay for the costs of the</strong></p>

<p><strong>service.</strong></p>

<p><strong>Rules Amended and Effective September 1, 2014. Costs of Arbitration Amended and Effective November 1, 2020. CONSUMER 23</strong></p>

<p><strong>R-29. Documents-Only Procedure</strong></p>

<p><strong>Disputes may be resolved by submission of documents and without in-person or telephonic hearings. For cases being decided by the submission of documents only, the Procedures for the Resolution of Disputes through Document</strong></p>

<p><strong>Submission (found at the end of these Rules) shall supplement these Rules. These</strong></p>

<p><strong>Procedures will apply where no disclosed claims or counterclaims exceed $25,000 (see R-1(g)), unless any party requests an in-person or telephonic hearing or the arbitrator decides that a hearing is necessary.</strong></p>

<p><strong>24 ARBITRATION RULES American Arbitration Association</strong></p>

<p><strong>Hearing Procedures</strong></p>

<p><strong>R-30. Attendance at Hearings</strong></p>

<p><strong>The arbitrator and the AAA will keep information about the arbitration private except to the extent that law provides that such information shall be shared or made public. The parties and their representatives in the arbitration are entitled to attend the hearings. The arbitrator will determine any disputes over whether a non-party may attend the hearing.</strong></p>

<p><strong>R-31. Oaths</strong></p>

<p><strong>Before starting the hearing, each arbitrator may take an oath of office and, if required by law, shall do so. If the arbitrator determines that witnesses shall testify under oath, then the arbitrator will direct the oath be given by a duly-qualified person.</strong></p>

<p><strong>R-32. Conduct of Proceedings</strong></p>

<p><strong>(a) The claimant must present evidence to support its claim. The respondent must then present evidence to support its defense. Witnesses for each party also must answer questions from the arbitrator and the opposing party. The arbitrator may change this procedure, as long as each party has the right to be heard and is given a fair opportunity to present its case.</strong></p>

<p><strong>(b) When the arbitrator decides it is appropriate, the arbitrator may also allow the parties to present evidence in alternative ways, including web conferencing,</strong></p>

<p><strong>Internet communication, and telephonic conferences. All procedures must provide the parties with a full and equal opportunity to present any evidence that the arbitrator decides is material and relevant to deciding the dispute. If the alternative ways to present evidence involve witnesses, those ways may include that the witness submit to direct and cross-examination questioning.</strong></p>

<p><strong>(c) The arbitrator will use his or her discretion to resolve the dispute as quickly as possible and may direct the parties to present the evidence in a certain order, or may split the proceedings into multiple parts and direct the parties in the presentation of evidence.</strong></p>

<p><strong>(d) The hearing generally will not exceed one day. However, if a party shows good cause, the arbitrator may schedule additional hearings within seven calendar days after the initial day of hearing.</strong></p>

<p><strong>(e) The parties may agree in writing to waive oral hearings.</strong></p>

<p><strong>Rules Amended and Effective September 1, 2014. Costs of Arbitration Amended and Effective November 1, 2020. CONSUMER 25</strong></p>

<p><strong>R-33. Dispositive Motions</strong></p>

<p><strong>The arbitrator may allow the filing of a dispositive motion if the arbitrator determines that the moving party has shown substantial cause that the motion is likely to succeed and dispose of or narrow the issues in the case.</strong></p>

<p><strong>R-34. Evidence</strong></p>

<p><strong>(a) The parties may offer relevant and material evidence and must produce any evidence the arbitrator decides is necessary to understand and decide the dispute. Following the legal rules of evidence shall not be necessary. All evidence should be taken in the presence of the arbitrator and all of the parties, unless any of the parties is absent, in default, or has waived the right to be present.</strong></p>

<p><strong>(b) The arbitrator shall determine what evidence will be admitted, what evidence is relevant, and what evidence is material to the case. The arbitrator may also exclude evidence that the arbitrator decides is cumulative or not relevant.</strong></p>

<p><strong>(c) The arbitrator shall consider applicable principles of legal privilege, such as those that involve the confidentiality of communications between a lawyer and a client.</strong></p>

<p><strong>(d) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so on the request of any party or on the arbitrator’s own determination. If a party requests the arbitrator sign a subpoena, that party shall copy the request to the other parties in the arbitration at the same time it is provided to the arbitrator.</strong></p>

<p><strong>R-35. Evidence by Affidavit and Post-Hearing Filing of Documents or Other</strong></p>

<p><strong>Evidence</strong></p>

<p><strong>(a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit rather than in-person testimony but will give this evidence only such credence as the arbitrator decides is appropriate. The arbitrator will consider any objection to such evidence made by the opposing party.</strong></p>

<p><strong>(b) If the parties agree or the arbitrator decides that documents or other evidence need to be submitted to the arbitrator after the hearing, those documents or other evidence will be filed with the AAA so that they can be sent to the arbitrator.</strong></p>

<p><strong>All parties will be given the opportunity to review and respond to these documents or other evidence.</strong></p>

<p><strong>R-36. Inspection or Investigation</strong></p>

<p><strong>An arbitrator finding it necessary to inspect property or conduct an investigation in connection with the arbitration will request that the AAA inform the parties.</strong></p>

<p><strong>The arbitrator will set the date and time of the inspection and investigation, and the AAA will notify the parties. Any party who would like to be present at the 26 ARBITRATION RULES American Arbitration Association inspection or investigation may attend. If one or all parties are not present at the inspection or investigation, the arbitrator will make an oral or written report to the parties and allow them an opportunity to comment.</strong></p>

<p><strong>R-37. Interim Measures (a preliminary decision made by the arbitrator involving part or all of the issue(s) in dispute in the arbitration) (a) The arbitrator may grant whatever interim measures he or she decides are necessary, including granting an injunction and ordering that property be protected.</strong></p>

<p><strong>(b) Such interim measures may take the form of an interim award, and the arbitrator may require a security payment for the costs of such measures.</strong></p>

<p><strong>(c) When making a decision on an interim measure, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court.</strong></p>

<p><strong>(d) A party to an arbitration agreement under these Rules may instead file in state or federal court for interim relief. Applying to the court for this type of relief, including temporary restraining orders, is consistent with the agreement to arbitrate and will not be considered a waiver of the right to arbitrate.</strong></p>

<p><strong>R-38. Postponements</strong></p>

<p><strong>The arbitrator may postpone any hearing</strong></p>

<p><strong>(a) if requested by a party, and the party shows good cause for the postponement;</strong></p>

<p><strong>(b) if all parties agree to a postponement;</strong></p>

<p><strong>(c) on his or her own decision.</strong></p>

<p><strong>R-39. Arbitration in the Absence of a Party or Representative</strong></p>

<p><strong>The arbitration may proceed even if any party or representative is absent, so long as proper notice was given, and that party or representative fails to appear or obtain a postponement from the arbitrator. An award cannot be made only because of the default of a party. The arbitrator shall require the party who participates in the hearing to submit the evidence needed by the arbitrator to make an award.</strong></p>

<p><strong>Limitation of Liability</strong></p>

<p><strong>Section B6</strong></p>

<p>To the maximum extent permitted by applicable law, in no event shall KRO be held liable, or for its third-party transportation suppliers, or for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the KRO platform, third-party software and /or third-party hardware used with the KRO platform, or otherwise in connection with any provision of these terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>

<p>Some states do not allow the exclusions of implied warranties or limitations of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In the states, each party’s liability will be limited to the greatest extent permitted by law.</p>

<p>KRO SHALL NOT BE LIABLE IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. KRO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER.</p>

<p>KRO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KRO’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY TRANSPORTATION PROVIDERS (SERVICE PROVIDERS) PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH THE APPLICATION ARE DOING SO AS INDEPENDENT CONTRACTORS AND IN THEIR OWN PERSONAL CAPACITY AND ARE NOT EMPLOYEES OR AGENTS OF KRO. ACCORDINGLY, IN NO EVENT SHALL RIDESHARE BE LIABLE FOR ANY LOSS, ACTION, DAMAGE, INJURY, THEFT, DEATH, OR GRIEVOUS HARM THAT MAY RESULT AS A CONSEQUENCE OF YOU USING THE SERVICES.</p>

<p>THE KRO PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATIONSERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT KRO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATIONSERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.</p>

<p><strong>Disclaimer</strong></p>

<p><strong>B7</strong></p>

<p>The KRO platform is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, KRO, on its own behalf and on behalf of any affiliates and its respective licensures and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to KRO and the KRO platform, including all implied warranties of merchantability, fitness for a particular purpose, including that toward third-party drivers, and individual and group riders, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice, including the exchange of information, access to KRO platform, any and all information and communications therefore contained. Without limitation to the foregoing KRO provides no warranty or undertaking and makes no representation of any kind that the KRO platform or its third-party provider rideshare service will meet the rider’s requirements, achieve the intended results, be compatible or work with other computers or mobile software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.</p>

<p><strong><em>Without limiting the foregoing, neither KRO nor any of KRO’s direct or third-party providers makes any representation or warranty of any kind, express or implied:</em></strong></p>

<ol>
	<li>As to the operation or availability of the service or the information, content, and materials or services included therein.</li>
	<li>That the KRO platform or its platform will be uninterrupted or error-free.</li>
	<li>As to the accuracy, reliability, or currency of any information or content provided through the KRO platform.</li>
	<li>That KRO platform or app, its servers, developers, and providers assure that content or e-mails sent from or on behalf of KRO are free of viruses, scripts, trojan horses, worms, malware, and timebombs, or other harmful components.</li>
</ol>

<p>Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to individuals residing in certain states. But in such a case the exclusion and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.</p>

<p><strong>Governing Law</strong></p>

<p><strong>B8</strong></p>

<p>The laws of the United States of America, excluding its complications of law rules, shall govern, the KRO Terms and Conditions. Your use of the KRO platform may also be subject to the other local, state, and national laws, but where applicable shall be governed by the state and legal requirements of and as mandated and set forth by the state of New Jersey.</p>

<p>The KRO app is exclusively in the United States currently and is applicable strictly to those residing in the United States.</p>

<p><strong><em>All users represent and warrant that:</em></strong></p>

<ol>
	<li>You designate by use of the KRO app that you are not in the United States illegally, and that you are part of any group the United States has designated as a “terrorist supporting group”.</li>
	<li>That you are not listed on any United States government or state register of wanted criminal fugitives, nor are you restricted from traveling outside the territory or state in which you are requesting or giving a ride, or an individual listed on a government or state list of prohibited or restricted parties.</li>
	<li>You understand that any individuals found to have violated the KRO policy regarding criminal activity, fugitives, and legally wanted persons, will be promptly removed from our platform, and banned from use.</li>
</ol>

<p><strong>Severability and Waiver</strong></p>

<p><strong>B9</strong></p>

<p><strong>Severability (1)</strong></p>

<p>If any provision of these Terms and Conditions is held to be unenforceable or invalid, such a provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.</p>

<p><strong>Waiver (2)</strong></p>

<p>Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.</p>

<p><strong>Translation</strong></p>

<p><strong>B10</strong></p>

<p>These Terms and Conditions may have been translated if KRO has made them available to you on our website, platform, or any other form of communication, including text messaging. You agree that the original English text shall prevail in the case of a dispute.</p>

<p>&nbsp;</p>

<p><strong>Section C</strong></p>

<p><strong>Changes to These Terms and Conditions</strong></p>

<p><strong>C1</strong></p>

<p>KRO reserves the right at their sole and exclusive discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will make reasonable efforts to provide at least 30-days-notice prior to any new terms taking effect. What constitutes a material change is at KRO’s sole discretion.</p>

<p>By continuing to access or use the KRO platform and service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, discontinuation should be applied.</p>

<p><strong>Privacy</strong></p>

<p><strong>C2</strong></p>

<p>These Terms and Conditions also include the KRO privacy policy. Your privacy is very important to us. Please read about how we store your information, and about your privacy rights. Please see our privacy policy at kro.one.</p>

<p><strong>Confidentiality/Nondisclosure</strong></p>

<p><strong>C3</strong></p>

<p>You agree as part of the KRO contractual terms and conditions that all use of the KRO platform and all information that may be disclosed while providing services is strictly forbidden from sharing with others or using such information in any way for personal benefit or profit.</p>

<p><strong>License</strong></p>

<p><strong>C4</strong></p>

<p>Because you fully agree with all terms and conditions, nondisclosure, confidentiality, and all statements, clauses, and phrases KRO grants you a limited license to access the KRO platform. Such a license is non-exclusive, is at no time transferable, and may be restricted or revoked at any time. This license gives you the right to download and use the app platform on your electronic device in connection with our user rideshare matching services. Use is restricted to the platform and its intended uses. All other uses are reserved by KRO, with their expressed and unexpressed purposes. The license herein granted terminates if this agreement terminates, or if users’ accounts are restricted. At that time users must cease use of the platform, and all rights return to KRO.</p>
