TERMS OF SERVICE
Last Revised: April 18, 2014
1. Your Acceptance
Welcome to the www.Knod.net website. By using and/or visiting the website www.Knod.net, including all Content (as defined below), by accessing any associated content such as email feeds, RSS feeds, and feeds through apps, or by participating in any of the www.Knod.net courses (collectively, the “Website”), which is operated by Global Learning U, Inc., d/b/a Knod, a Utah corporation (“Knod”), you signify your agreement to these terms and conditions (the “Terms of Service”).
You acknowledge (a) that you have read and understood these Terms of Service; and (b) that these Terms of Service have the same force and effect as a signed agreement.
If you are accepting this agreement on behalf of your employer, you affirm that you have the authority to accept this agreement on its behalf. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
ATTENTION: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. ACCESSING ANY PART OF THIS WEBSITE OR ASSOCIATED CONTENT SUCH AS EMAIL FEEDS AND RSS FEEDS INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THIS WEBSITE OR ASSOCIATED CONTENT AND LEAVE THE WEBSITE IMMEDIATELY.
We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Website. You agree that Knod shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Service.
These Terms of Service were last revised on April 18, 2014. We may change these Terms of Service at any time. Please review the Terms of Service each time you visit the Website. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF SERVICE.
These Terms of Service include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you, in Sections 2, 6, and 9-13. Please review those sections (and all other terms) carefully.
2. Links to and From the Website
a. These Terms of Service apply to all users of the Website, including users who are administrators and users who are also contributors of content, information, and other materials or services on the Website. The Website may contain links to third party websites and online services (such as apps) that are not owned or controlled by Knod. Knod has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Knod will not and cannot control or edit the content of any third-party website or online service. BY USING THE WEBSITE, YOU EXPRESSLY RELEASE KNOD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE KNOD PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions of use for each other website or online service that you visit.
b. Except as you have otherwise agreed with Knod, you may link to the Website from your website or online service, subject to the following: (1) you may not frame the Website or any portion of the Website (except you may do so with functionality provided by Knod, if any); (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Knod name and not any Knod logo; (4) you may not use any Knod logo in any way; (5) you may not use the link in any way that suggests that Knod is associated with or endorses you or your website; (6) the link may not appear on any website or online service that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Knod or damages its rights, reputation or goodwill; and (7) we may terminate your right to link to the Website at any time for any reason or no reason.
3. Website Access/Users Who Violate Terms of Service/Account Termination
a. Knod hereby grants you permission to use the Website as set forth in these Terms of Service and demonstrated by the Website’s functionality, provided that: (1) you will not copy, download or distribute any part of the Website in any form or medium without Knod’s prior written authorization, except as permitted in Section 5 below; (2) you will not alter, modify, or make derivative works from any part of the Website without Knod’s prior written authorization, except as permitted in Section 5 below; and (3) you will otherwise comply with these Terms of Service.
b. Knod may, at its sole discretion, disable or terminate the accounts of users who violate these Terms of Service, including, but not limited to, the accounts of users who post User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly.
c. WARNING: You should always keep a back-up copy of any User Submission content on your personal computer and should not use the Website as the only place you store any User Submission content.
4. Restrictions on Use of the Website
a. User Name Rules
- Knod users must provide their real names or real corporate names and information in connection with their accounts and user profiles on the Website.
- Knod users must keep their contact information accurate and up-to-date.
- If you select a user name for your account, Knod reserves the right to remove, reclaim or reassign it if Knod believes that is appropriate (such as when a trademark owner complains about a user name that infringes its rights or a user name does not closely relate to a user’s real name).
b. In your use of the Website, you shall not:
- provide false personal information or create an account for anyone other than yourself without permission;
- create more than one personal profile;
- create another account without our permission if we have disabled your account;
- share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
- assign or transfer your account or login information to anyone;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party. By uploading any material, you represent and warrant that you have the lawful right to reproduce and distribute such material and that the material complies with all applicable federal, state and local laws, regulations and ordinances;
- post anyone’s identification documents or sensitive information about anyone’s finances, health, or geolocation;
- use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
- facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
- impersonate or misrepresent any person or entity or your affiliation with someone else;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;
- collect personally-identifiable information of other users or visitors;
- harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- solicit other users to join, become members of, or contribute money to any other online service or other organization;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website;
- stalk or otherwise harass any person or entity;
- harm minors in any way; or
- use any discussion forum on the Website to advertise or perform any commercial solicitation.
c. Knod will fully cooperate with any law enforcement authorities or court order requesting or directing Knod to disclose the identity of anyone violating these Terms of Service.
d. Knod believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, you may not post or transmit on or through the Website any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child. If you are under 13 years of age, then please do not submit any information to or use the Website.
5. Intellectual Property Rights
a. Everything you see, hear, or otherwise experience on this Website, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Knod, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Knod owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. Knod is a registered trademark of Knod.
b. Content on the Website is provided to you AS IS for your information and personal use only. For your personal use, you may view, copy, and print pages of the Website. Otherwise, the Website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Knod reserves all rights not expressly granted in and to the Website and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Knod in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized by Knod. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may you scrape any pages.
6. User Submissions
a. The Website may permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. For instance, users can post profiles and participate in discussions. You understand that whether or not such User Submissions are published or posted, Knod (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. However, by submitting the User Submissions to Knod, you hereby grant Knod and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and Knod’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. If you delete your account, profile, and all of your User Submissions, these licenses will terminate, except to the extent your User Submissions will remain in backup copies or on other user’s accounts or profiles through sharing functionality.
c. In connection with User Submissions, you represent and warrant that you will not: (i) submit or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Knod all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Knod or any third party; (iii) submit or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) submit or post material that is otherwise inappropriate. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions. Knod does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Knod expressly disclaims any and all liability in connection with User Submissions. Knod does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Website, and Knod will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights. (See Section 7 below). Knod will not necessarily monitor User Submissions. However, Knod reserves the right to monitor, alter, edit, or remove Content (including User Submissions) without prior notice and for any reason. Knod also reserves sole discretion to decide whether Content (including a User Submission) is appropriate and complies with these Terms of Service.
d. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Knod is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE KNOD PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE KNOD PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE WEBSITE.
7. Notice and Procedure for Making Claims of Intellectual Property Infringement
If you are an intellectual property owner or an agent thereof and believe that either (1) any Content on the Website or (2) any material or activity contained on an online location to which Knod has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
c. 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 us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
d. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Emails or notices sent to Knod without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
8. Trademarks and Celebrity Material
a. Knod responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
b. Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Website and you do not have the celebrity’s permission.
If you are a trademark owner or a celebrity and you believe your rights have been infringed on the Website, please submit a notification of infringement to our agent listed in Section 7 above.
c. To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
d. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Website where you believe the infringement is occurring.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE KNOD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, ANY SERVICE PROVIDED BY KNOD, ANY SERVICE OR SOFTWARE LICENSED OR PROVIDED TO YOU BY KNOD, AND ANY AGREEMENT WITH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, KNOD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES OR ONLINE SERVICES LINKED TO THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, COURSES OR EVENTS ATTENDED, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS EVENT ORGANIZERS, ADVERTISERS, SPONSORS, OR PARTNERS WILL MEET YOUR EXPECTATIONS. KNOD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE INCLUDING ANY SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOU ACKNOWLEDGE THAT KNOD HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF GOODS OR SERVICES PROVIDED BY ADVERTISERS, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.
10. Limitation of Liability
IN NO EVENT SHALL THE KNOD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS WEBSITE OR KNOD’S PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) USER SUBMISSIONS, THIRD PARTY WEBSITES, AND/OR (VII) ERRORS OR OMISSIONS IN ANY CONTENT; (VIII) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT, (IX) STATEMENTS OR CONDUCT OF ANY ADVERTISERS OR OTHER THIRD PARTY THROUGH THE WEBSITE; (X) ANY BREACH OF THESE TERMS BY KNOD OR THE FAILURE OF KNOD TO PROVIDE ANY SERVICE UNDER THESE TERMS, OR (XI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS OR COURSE ORGANIZERS OR SPONSORS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, OR YOUR ATTENDANCE AT ANY COURSE OR EVENT POSTED ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KNOD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Any claims relating to use of the Website must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Website is controlled and offered by Knod from its facilities in the United States. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE KNOD PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR KNOD’S PRODUCTS OR SERVICES; (2) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR KNOD ACCOUNT, RELATED TO YOUR INTERNET ACCOUNT, OR RELATED TO YOUR EMAIL ADDRESS OR SOCIAL MEDIA IDENTFIER AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR INTERNET ACCOUNT OR YOUR EMAIL ADDRESS OR SOCIAL MEDIA IDENTIFIER (6) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS; OR (7) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE. IF KNOD DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, KNOD WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO KNOD. KNOD RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WTH KNOD IN ASSERTING ANY AVAILABLE DEFENSES.
12. Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Knod’s prior written consent, but may be assigned by Knod without restriction and without notice to you.
14. Modifications to Service
Knod reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Knod shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
15. Export Control
Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
You agree that: (i) the Website shall be deemed solely based in Utah, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Knod, either specific or general, in jurisdictions other than Utah. These Terms of Service shall be governed solely by United States and Utah law, without regard to conflict of law provisions. Any claim or dispute between you and Knod or its officers, directors, employees, agents, affiliates, licensors or suppliers that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake City,Utah. You further irrevocably agree to submit to the personal jurisdiction of the courts located within Salt Lake City, Utah for the purpose of resolving all such claims or disputes. These Terms of Service and any other legal notices published by Knod on the Website shall constitute the entire agreement between you and Knod concerning the Website. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Knod’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Knod reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
If you have questions, please contact Knod by emailing us at firstname.lastname@example.org.
18. Reporting Violations
You can report abuse of these Terms of Service by emailing us at email@example.com.
Last revised: April 18, 2014.