Terms and Conditions of Use
These Terms were Last Updated: May 6, 2016
AGREEMENT BETWEEN USER AND KNOWBETTER CREATIVE SERVICES LLC:
The KnowBetter.com website (the “Site”), a service of KnowBetter Creative Services LLC (“KnowBetter”), is comprised of various webpages operated by KnowBetter Creative Services LLC (“KnowBetter”, “we”, or “us”). The KnowBetter.com website is offered to you (a “User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site and/or Services constitutes your agreement, on behalf of yourself and your company, to be bound to all such terms, conditions, and notices as long as you continue to use the Site. If you sign up for the KnowBetter Services on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
KnowBetter, in its sole discretion, reserves the right to change the terms, conditions, and notices under which the KnowBetter.com website is offered, including but not limited to the charges/fees associated with the use of the Site and/or Services and such changes will be effective upon posting the amended Terms and Conditions to the KnowBetter.com website. You understand and agree that your use of the Site after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions. You should revisit this page periodically to review the Terms and Conditions.
LINKS TO THIRD PARTY SITES:
The KnowBetter.com website may contain links to other websites ("Linked Sites") which are not under the control of KnowBetter and KnowBetter is not responsible for the contents, and makes no warranty as to the accuracy or reliability of the content on any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KnowBetter is not responsible for webcasting or any other form of transmission received from any Linked Site. KnowBetter is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KnowBetter of the linked site or any association with its operators.
LINKS TO THIS WEBSITE FROM THIRD PARTY SITES:
KnowBetter permits the use of authorized hyperlinks (“Links”) to the KnowBetter.com website, but KnowBetter prohibits the practice of embedding content from the Site into frames, mirroring content, or the use of any meta tags or any other "hidden text" using KnowBetter’s name or trademarks. You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without the express written permission of KnowBetter. If you link to the Site, you must follow KnowBetter’s guidelines, and you do so at your own risk and the exclusions and limitations set out herein apply to your website by linking to the Site. You must remove any hyperlink to the Site upon KnowBetter’s request. KnowBetter reserves the right to a) withdraw permission for and/or disable any unauthorized links or frames. KnowBetter has no responsibility or liability for any material on other websites that may contain links to the KnowBetter.com website. Linking to the KnowBetter.com website shall not suggest that KnowBetter promotes or endorses any third party's causes, ideas, websites, products or services, or the use of KnowBetter content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of the KnowBetter.com website, you warrant to KnowBetter that you will not use the KnowBetter.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KnowBetter.com website in any manner which could damage, disable, overburden, or impair the KnowBetter.com website or interfere with any other party's use and enjoyment of the KnowBetter.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KnowBetter websites. You agree that you will not use the KnowBetter.com website or any information, graphics, text, or any material contained herein to bring harm, disparagement, or disrepute upon KnowBetter in any way including, but not limited to its subsidiaries, officers, owners, employees, customers, vendors, business, products, services, or others.
USE OF COMMUNICATION SERVICES:
The KnowBetter.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal webpages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree to communicate and conduct negotiations with other members in a respectful manner.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
KnowBetter Creative Services LLC has no obligation to monitor the Communication Services. However, KnowBetter reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. KnowBetter reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
KnowBetter reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KnowBetter's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. KnowBetter does not control or endorse the content, messages or information found in any Communication Service and, therefore, KnowBetter specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KnowBetter spokespersons, and their views do not necessarily reflect those of KnowBetter.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. Visiting the KnowBetter.com website or sending emails to KnowBetter constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that are provided electronically, via email and on the KnowBetter.com website, satisfy any legal requirement that such communications be in writing.
KnowBetter Creative Services LLC shall not be responsible for any website outage or downtime of the Site or system. You acknowledge that such outages can occur from time to time and for various reasons including but not limited to acts of god or other force majeure, viruses or other and internet based problems. No matter the reason for the outage, except the intentional misconduct of KnowBetter Creative Services LLC, KnowBetter Creative Services LLC shall not be responsible for any loss you suffer as a result of such outage. You expressly waive any claim for such loss.
MATERIALS PROVIDED TO KNOWBETTER CREATIVE SERVICES LLC OR POSTED AT ANY KNOWBETTER WEBSITE
You are solely responsible for the material, information, data, files, images and graphics (“Member Content” or “Submissions”) you post, upload, input, submit or store on the KnowBetter.com website. You may only submit Member Content to the Site or in connection with the Services that you have the right to submit. By posting, uploading, inputting, providing or submitting your Content you warrant, represent, and agree that you own or otherwise control all of the rights to your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Member Content. Any Member Content that infringes the rights of any third party (e.g., content used without express permission of the copyright owner and not otherwise permitted by law) is prohibited and must not be submitted.
KnowBetter Creative Services LLC assumes no liability or guarantee as to the content, legality, or quality of the Member Content posted by you.
KnowBetter does not claim any ownership right of any Member Content you provide to KnowBetter (including feedback and suggestions) or post, upload, input, submit or store through the KnowBetter.com website or its associated Services. You retain all ownership rights to such Member Content. Member Content is the sole responsibility of the person or entity from which the Member Content originated and you are solely responsible for the content you provide, post, upload, email, input, transmit, or otherwise make available through the KnowBetter.com website and/or Services.
However, by uploading, posting, inputting, providing, or submitting your Member Content to the KnowBetter.com website, or its associated services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant KnowBetter Creative Services LLC (its affiliated companies and necessary sublicensees) an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, worldwide license to use, copy, display, distribute, and create derivative works of such content on the KnowBetter.com website and/or to incorporate it in other works in any form, media, or technology known now or later developed, all subject to the terms of any applicable license.
No compensation will be paid with respect to the use of your Member Content, as provided herein. KnowBetter is under no obligation to post or use any Member Content you may provide and may remove any Member Content at any time at KnowBetter’s sole discretion.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KNOWBETTER.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KNOWBETTER CREATIVE SERVICES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KNOWBETTER.COM WEBSITE AND CHANGES WILL BE EFFECTIVE UPON POSTING THE AMENDED TERMS TO THE KNOWBETTER.COM WEBSITE.
ADVICE RECEIVED VIA THE KNOWBETTER.COM WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
KNOWBETTER CREATIVE SERVICES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KNOWBETTER.COM WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KNOWBETTER CREATIVE SERVICES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: firstname.lastname@example.org
KnowBetter Creative Services LLC reserves the right, in its sole discretion, to terminate your access to the KnowBetter.com website and the related Services or accounts, or any portion thereof at any time, without notice.
ELIGIBILITY FOR USE OF WEBSITE:
KnowBetter.com website and Services are available only to legal entities and individuals who can form legally binding contracts under applicable law. Individuals who are under the age of 18 may use the KnowBetter.com website and Services only in conjunction with and under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
ACCESS TO PASSWORD PROTECTED SECURE AREAS:
Access to and use of password protected and/or secure areas of the KnowBetter.com website is restricted to authorized users only. Unauthorized access to password protected areas is prohibited and may lead to criminal prosecution. You acknowledge that KnowBetter is not responsible for third party access to your account that results from theft or misappropriation of your account.
You acknowledge that you are responsible for keeping your account and password confidential and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, whether or not you authorized the use. You will immediately notify KnowBetter of any unauthorized use of your accounts. KnowBetter is not responsible for any changes to or loss of data due to stolen, hacked, or intercepted passwords. You may not sell, assign, or otherwise transfer your account to any other person or entity. You must keep your account information up-to-date and accurate at all times with a valid email address, mailing address, telephone number, and all other contact information.
YOUR ACCOUNT AND PASSWORD:
If you register an account on the KnowBetter.com website, as a business entity, you guarantee that you personally have the authority to bind the business entity to the Service Agreement. Other users are permitted under your account. All users of the main business entity account are responsible for all activity that occurs under that account and must abide by all KnowBetter’s Terms and Conditions.
Through the creation and maintenance of your account, you have provided personal information including, but not limited to, a credit card on your account to handle billing. You authorize that anyone you have added as an approved user to your account also has authorization to make purchases for services that may have an additional fee. You warrant that you will be responsible for all such purchases by authorized account users.
KnowBetter reserves the right to refuse or cancel your KnowBetter.com website Services, terminate your account, or remove or edit your content at our sole discretion. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
If your account is closed, for any reason, you are obligated to pay KnowBetter for any and all unpaid fees plus any penalties, if applicable. No refunds of Subscription Fees will be given. Once you Subscription is terminated, we may permanently delete your account and all the data associated with it, including your emails from the Site.
KnowBetter reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts on the Site. Accounts may be permanently removed due to prolonged inactivity. Accounts that have not been logged into for 12 or more months may be treated as "inactive" and the account and associated data may be permanently deleted.
You may cancel your Service plan at any time by sending KnowBetter an email at: email@example.com. Upon receipt of your cancellation request, KnowBetter will promptly terminate your access to the KnowBetter.com website Services.
You understand and agree that you are personally responsible for your behavior on the KnowBetter.com website. You agree to indemnify, defend and hold harmless KnowBetter Creative Services LLC, its officers, directors, partners, managers, employees, agents and third parties, from and against any losses, claims, liabilities, damages, costs and expenses (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), including without limitation reasonable attorneys’ fees and any other expenses relating to or arising out of a) your use of, misuse of, or inability to use the website, information or content, or Services contained herein, b) any Member Content submitted by you, c) your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or d) your violation of any applicable laws, rules or regulations.
You also agree to indemnify, defend and hold harmless KnowBetter Creative Services LLC, its officers, directors, partners, subsidiaries, managers, employees, agents and third parties, from and against any losses, claims, liabilities, damages, costs and expenses (including without limitation reasonable attorneys’ fees and all related costs and expenses of litigation and arbitration to defend) brought by third party claims arising out of your use of any of the KnowBetter.com website or Services and the content you make available via any of KnowBetter.com website or Services by any means, including without limitation through uploading, posting, linking, or reference to content, or otherwise.
KnowBetter reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KnowBetter in asserting any available defenses.
INTELLECTUAL PROPERTY RIGHTS
All use of the KnowBetter.com website and its information is subject to intellectual property rights. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the KnowBetter.com website, is the property of KnowBetter Creative Services LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content, and not make any changes thereto.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the KnowBetter.com website are: Copyright 1999-2016 KnowBetter Creative Services LLC. All rights reserved. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this website for commercial or public purposes.
KnowBetter™ and KnowBetter.com™ are trademarks of KnowBetter Creative Services LLC.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A. in all disputes arising out of or relating to the use of the KnowBetter.com website. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KnowBetter Creative Services LLC as a result of this agreement or use of the Site. KnowBetter’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KnowBetter’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by KnowBetter with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KnowBetter Creative Services LLC with respect to the KnowBetter.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KnowBetter with respect to the KnowBetter.com website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer support site at http://dnndev.zendesk.com. In the unlikely event that the KnowBetter Customer Support is unable to resolve your complaint to your satisfaction (or if KnowBetter has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through the dispute resolution procedure outlined herein.
For the purposes of this Dispute Resolution Agreement, references to "KnowBetter," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Please read this carefully. It affects your rights.
a) Negotiation: If KnowBetter Creative Services LLC determines in its sole discretion that negotiation could achieve a successful resolution, the Parties shall first attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy. The customer shall give KnowBetter written notice of any dispute not resolved in the normal course of business. If KnowBetter believes a response is necessary, KnowBetter shall respond within 30 days after delivery of the notice. The notice shall include (a) a statement of that party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. If requested by KnowBetter Creative Services LLC within 30 days after delivery of the initial notice, the executives of both parties shall communicate (letters or emails) or meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
b) Mediation: If KnowBetter Creative Services LLC in its sole discretion believes mediation would be beneficial and a dispute or claim arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions or negotiations, the Parties shall participate in Mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to binding arbitration.
c) Binding Arbitration: The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, may be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The decision to arbitrate or not shall be the sole and exclusive decision of KnowBetter Creative Services LLC. If KnowBetter Creative Services LLC demands Arbitration, the customer is required to participate in Arbitration as the exclusive venue to resolve the dispute. The place of arbitration shall be Maricopa County, Arizona and the arbitration will be conducted in the English language. The arbitration shall be governed by the laws of the State of Arizona. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The AAA Arbitration Optional Rules for Emergency Measures of Protection are also incorporated by the Parties. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any binding arbitration hereunder without the prior written consent of both parties. You agree that, by entering into these Terms, you and KnowBetter Creative Services LLC are each waiving the right to a trial by jury or to participate in a class action.