The Knowme Client Agreement and other terms may apply to the use of Knowme Services or certain portions or features of the Site (“Additional Terms”). If Additional Terms are made available to you by Knowme, you agree that the Additional Terms will govern your use of the portion or feature of the Site even if they conflict with these Terms.
- Site Access and Site Content. All information, files, graphics, text, images, sound files, video, software, tools, and other materials that are provided by Knowme through the Site (“Site Content”) are owned by Knowme and its licensors. You may access the Site and Site Content solely for your internal business use. Except as expressly permitted by us in writing, you may not otherwise use, modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer the Site or any Site Content, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation.
- Changes to the Site. You may use the Site, access Site Content, and use the Services pursuant to the Knowme Client Agreement if and when they are available. We do not guarantee availability of the Site or any particular feature, Site Content, or Service. We reserve the right to change, remove, delete, restrict or block access to, charge for, or stop providing all or any part of the Site, Site Content, or Services at any time without notice.
- Third Party Web Sites. The Site may contain links to third party web sites ("Linked Sites"). Linked Sites are not under the control of Knowme and Knowme is not responsible for such Linked Sites. Any transaction you enter into with a third party is between you and such third party, and we assume no liability or responsibility for such transaction.
- Account Registration; Use of Your ID. In order for the Site to recognize you or for you to access certain Services, the Site may permit you to set up an account (“Account”). If you set up an Account, you must provide current, complete, and accurate information and agree to the Knowme Client Agreement. You must keep your log-in information confidential and not authorize any third party to use it. You are solely responsible for all activities (including purchases) that occur under your Account, even if your log-in information is used by someone else. You agree to immediately notify Knowme of any unauthorized use of your Account or any other breach of security of which you become aware. Knowme may require you to change your log-in information at any time. You agree to comply with all applicable laws in connection with your use of this Site. You further agree that any information provided by you is truthful and accurate to the best of your knowledge. We reserve the right to notify proper law enforcement officials if any suspicious activity is detected and to deny you access to the Site, including to your Account, if you violate any of the Terms.
- User Feedback. You acknowledge, represent and agree that any feedback or suggestions that you submit to the Site ("User Feedback") is not confidential or proprietary. You grant Knowme and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your User Feedback and to publish your name in connection with your User Feedback, except as otherwise prohibited by applicable law or these Terms. You waive any right to compensation of any type for your User Feedback. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that use of User Feedback by Knowme does not violate any law. If you post User Feedback to any public forum on the Site, you acknowledge that third parties may see your User Feedback, draw inferences, and make judgments based on the User Feedback. Posting to a public forum requires your judgment, and you are responsible for all your User Feedback and your conduct in connection with the Site. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
- Warranty Disclaimer for Site and Site Content.
Any warranties, if any, related to our Services may be accessed in the Knowme Client Agreement which you will have access to upon registration for Services and at the time of your purchase. If you desire to review such information prior to registration, please contact us by one of the methods below in Section 18.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SITE CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. KNOWME AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, KNOWME, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE SITE OR SITE CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SITE AND ALL SITE CONTENT IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT KNOWME’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
- Disclaimer of Certain Damages. IN NO EVENT WILL KNOWME, OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, THE SITE OR SITE CONTENT EVEN IF KNOWME OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 7 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 7 MAY NOT APPLY TO YOU.
- Limitation of Liability and Exclusive Remedies. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 6 OR 7, KNOWME’S, ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE OR SITE CONTENT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE OR SITE CONTENT UP TO FIFTY DOLLARS. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SITE OR SITE CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 8 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.
- Independent Remedies. The exclusion of damages under Section 7 is independent of your exclusive remedy in Section 8 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 7 and 8 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
- Indemnity. You hereby agree to defend, indemnify, and hold Knowme, its directors, officers, employees, agents, partners, suppliers and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any User Feedback or other materials made by you or submitted, posted, transmitted, originating from, or otherwise made available under your Account; (b) your activity on this Site and your Account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account; (c) any violation by you of these Terms; or (d) your violation of another party’s rights or applicable law.
- Notice and Takedown Procedures; Prohibited Use. You agree to respect the intellectual property rights and other rights of Knowme and third parties. If you believe that any User Feedback or any other material available through the Site infringes your copyright or is defamatory, please notify our designated agent in accordance with Knowme’s Notice Procedure for Making Claims of Copyright Infringement in Section 19 below. After receiving notice, Knowme may remove or disable access to any infringing or defamatory material. Knowme has the right to terminate any Account or right of access at any time, including for infringement of Knowme’s or another party’s rights.
Any use or attempted use of this Site (a) for any unlawful, unauthorized, fraudulent or malicious purpose, (b) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (c) that could interfere with any other party's use and enjoyment of the Site, (d) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (e) to access systems, data or information not intended by Knowme to be made accessible to a user, (f) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Knowme, or (g) for any use other than the business purpose for which it was intended, is prohibited.
- Copyright and Trademark Notices. Knowme and its licensors own the Site and Site Content and reserve all rights therein, including any and all intellectual property and other proprietary rights. Knowme and the Knowme logo and other product and service names referenced in connection with the Site are the trademarks of Knowme. All other company names, product names, service names and logos referenced in connection with the Site may be the trademarks of their respective owners. Any copying, redistribution, use or publication by you of any such marks or any other content or any part of the Site is prohibited, except with the prior written authorization of Knowme. Under no circumstances will you acquire any ownership rights or other interest in any of such marks or content on this Site by or through your use of the Site.
- Governing Law and Jurisdiction for Resolving Disputes. The Terms shall be governed by and construed in accordance with the laws, other than choice of law rules, of the State of California. The Parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the State of California for the purposes of adjudicating any matter arising from or in connection with this Agreement. Both Parties hereby submit to the exclusive jurisdiction of such courts and waive any objection to jurisdiction or venue in any such proceeding.
- Injunctive Relief. You recognize that irreparable injury would result to Knowme in the event of your failure to comply with certain terms herein, and that the full amount of the damages that would be incurred by Knowme as a result of any such breach would be difficult to ascertain. Accordingly, you hereby agree that, in the event of any such breach, threatened breach, Knowme shall be entitled to seek appropriate injunctive relief without the need to post bond or prove the inadequacy of monetary damages.
- General. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Knowme intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Knowme agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Knowme may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Site, Site Content or any Account you may have, and any attempt by you to do so is void. Knowme’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Knowme if it is in a written document signed by Knowme. Both you and Knowme warrant to each other that, in entering these Terms, neither Knowme or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Neither these Terms nor Site Content create partnership, joint venture, employment, or other agency relationships between us. You may not enter into any contract on our behalf or bind us in any way.
- Notices. Knowme may give you all notices (including legal process) that Knowme is required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to Knowme. You agree to check for notices posted on the Site. You agree to send Knowme any notice by mailing it to Knowme’s address for legal notices which is:
25 Taylor Street
San Francisco, CA 94102
- Procedure for Making Claim of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
25 Taylor Street
San Francisco, CA 94102
All of the content included in this Site is subject to the copyright laws of the United States and other applicable jurisdictions and Knowme, Inc. or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Designated Agent list above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. ALL OTHER INQUIRIES NOT COPYRIGHT RELATED, SUCH AS REQUESTS FOR SERVICE INFORMATION, EMPLOYMENT, ETC. MUST BE SENT TO THE FOLLOWING CONTACT: firstname.lastname@example.org.
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Knowme, Inc. to locate the material.
- Information reasonably sufficient to permit Knowme, Inc. to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
January 8, 2014 Version