HYPERLINKING
Knowlx makes no representations whatsoever about any other web site which you may
access through this one. When you access a non-Knowlx web site, please understand
that it is independent from Knowlx, and that Knowlx has no control over the content
on that web site, even if Knowlx provides information or services to the owner of
that web site. In addition, a link to a non-Knowlx web site does not mean that
Knowlx endorses or accepts any responsibility for the content or the use of such
web site. In fact, Knowlx disclaims any and all liability and responsibility for
such content. It is up to you to take precautions to ensure that whatever you
select for your use is free of such items as viruses, worms, trojan horses and
other items of a destructive nature.
COPYRIGHTS AND USE OF SITE CONTENT
The copyright in all materials provided on this Site is held by Knowlx or by
the original creator of the material. Except as stated herein, none of the
materials may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording or otherwise,
without the prior written permission of Knowlx or the copyright owner. You may not
"mirror" any material contained on this Site without Knowlx ’s express written
permission. Any unauthorized use of the materials contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity and/or
communications regulations and statutes. All content and functionality on this
Site, including text, graphics, logos, icons, and images and the selection and
arrangement thereof, are the exclusive property of Knowlx or its licensors and is
protected by U.S. and international copyright laws. All rights not expressly
granted are reserved.
© 2010 Knowlx, LLC
All rights reserved.
TRADEMARKS
The trademarks, service marks and logos (the "Trademarks") used and
displayed on this Site are registered and unregistered Trademarks of Knowlx. Other
trademarks, service marks and trade names may be owned by others. Nothing on
this Site should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Trademark or any other Knowlx
intellectual property displayed on this Site. Knowlx aggressively enforces its
intellectual property rights to the fullest extent of the law. The name Knowlx or
any other Trademarks may not be used in any way, including in advertising or
publicity pertaining to distribution of materials on this Site, without prior
written permission from Knowlx. Knowlx also prohibits use of Knowlx or any other
Trademark as part of a link to or from any site unless establishment of such a
link is approved in advance by Knowlx in writing.
USER POSTINGS
You acknowledge and agree that Knowlx shall own and have the unrestricted
right to use, publish, in electronic form and otherwise, distribute and exploit
any and all information that you post or otherwise publish on this Site
(“Submissions”). You hereby waive any and all claims against Knowlx for any
alleged or actual infringements of any rights of privacy or publicity, moral
rights, rights of attribution or any other intellectual property rights in
connection with Knowlx ’s use and publication of such Submissions. This means that
anything submitted by you to this Site will be owned by Knowlx and may be used by
Knowlx for any purpose, now or in the future, without any payment to, or further
authorization by, you. In the event Knowlx ’s ownership of such Submissions is
successfully contested, you automatically grant Knowlx a perpetual, royalty-free,
non-exclusive, unrestricted, worldwide and irrevocable right and license to use,
reproduce, modify, publish, translate, prepare derivative works based upon,
distribute, perform or display such Submissions, in whole or in part, in any
form, media or technology known or hereafter developed for any purpose,
including, but not limited to, advertising and promotional purposes. Knowlx does
not represent or endorse the accuracy or reliability of any Submissions
displayed, uploaded, posted on any message board, or otherwise distributed
through this Site by any user of this Site, information provider or any other
third party. Knowlx expressly disclaims any and all liability related to
Submissions, and you acknowledge that any reliance upon such Submissions shall
be at your sole risk. You covenant that you shall not post or otherwise publish
on the Site any materials that: (i) are threatening, libelous, defamatory, or
obscene; (ii) would constitute, or that encourage conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate law;
(iii) infringe the intellectual property, privacy, or other rights of any third
parties; (iv) contain a computer virus or other destructive element; (v) contain
advertising; or (vi) constitute or contain false or misleading statements. KNOWLX
in its sole discretion reserves the right to refuse to post and the right to
remove any information or Submission from this Site, in whole or in part, for
any reason.
NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION
There may be delays, omissions or inaccuracies in information obtained
through your use of this Site. This information is provided to you with the
understanding that Knowlx ’s provision of this information to you does not
constitute the rendering of investment, consulting, legal, accounting, tax,
career or other advice or services. Information on this Site should not be
relied upon for making business, investment or other decisions or used as a
substitute for consultation with professional advisors. Moreover, Knowlx does not
represent or endorse the accuracy or reliability of any advice, opinion,
statement, or other information displayed, uploaded, downloaded or distributed
through this Site by Knowlx, any user, information provider or any other person or
entity. You acknowledge that any reliance upon such opinion, advice, statement,
memorandum, or information shall be at your sole option and risk. Moreover, Knowlx
does not grant any license or other authorization to you to use this Site in any
manner if such use in whole or in part suggests that Knowlx promotes or endorses
any third party’s causes, ideas, political campaigns, political views, web
sites, products or services.
ACCESS TO THIS SITE
Knowlx may alter, suspend or discontinue this Site or your access to use this
Site at any time for any reason without notice or liability to you or any third
party. This Site may become unavailable due to maintenance or malfunction of
computer equipment or for other reasons and may result in damages to the user’s
systems or operations. The user shall be solely responsible for ensuring that
any information or content obtained from this Site does not contain any virus or
other computer software code or subroutine designed to disable, erase, impair or
otherwise damage the user’s systems, software or data.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, KNOWLX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT
LIMITATION, KNOWLX DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS
CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF
YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION
1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL KNOWLX OR ANY OF ITS PREDECESSORS, SUCCESSORS,
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS,
SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR
INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE
INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF KNOWLX
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KNOWLX OR
ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES
AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF KNOWLX, THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You hereby indemnify, defend, and hold harmless Knowlx and all of its
predecessors, successors, parents, subsidiaries, affiliates, officers,
directors, shareholders, investors, employees, agents, representatives and
attorneys and their respective heirs, successors and assigns (collectively, the
"Indemnified Parties") from and against any and all liability and costs,
including, without limitation, reasonable attorneys? fees, incurred by the
Indemnified Parties in connection with any claim arising out of or relating to
any breach by you of this Agreement or the representations, warranties, and
covenants you have made by agreeing to the terms of this Agreement. You shall
cooperate as fully as reasonably required in the defense of any such claim. Knowlx
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you.
ENFORCEMENT OF TERMS AND CONDITIONS
This Agreement is governed and interpreted pursuant to the laws of the State
of Delaware, United States of America, notwithstanding any principles of
conflicts of law. You expressly agree that exclusive jurisdiction resides in the
courts of the State of Delaware. You further agree and expressly consent to the
exercise of personal jurisdiction in the State of Delaware in connection with
any dispute or claim involving Knowlx. If any part of these terms is unlawful,
void, or unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of the remaining provisions.
INFRINGEMENT NOTICES AND TAKEDOWN
Knowlx prohibits the posting of any information that infringes or violates the
copyright rights and/or other intellectual property rights (including rights of
privacy and publicity) of any person or entity. If you believe that any material
contained on this Site infringes your copyright, you should notify Knowlx of your
copyright infringement claim in accordance with the following procedure. Knowlx
will process notices of alleged infringement which it receives and will take
appropriate action as required by the Digital Millennium Copyright Act (DMCA).
The DMCA requires that notifications of claimed copyright infringement should be
sent to this Site's Designated Agent who is:
Website Administrator
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Knowlx with
respect to the subject matter of this Agreement and supersedes and replaces all
prior or contemporaneous understandings or agreements, written or oral,
regarding that subject matter. Any waiver of any provision of this Agreement
will be effective only if in writing and signed by Knowlx.