The Kno - Tablet Textbook

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING THE KNO STORE OR KNO SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT 18 YEARS OF AGE OR OLDER OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE KNO STORE OR KNO SERVICE.

These Terms of Service ("Agreement") are between you and Kno, Inc. ("Kno," "we," or "us") and govern your access to and use of the KnoTM Store and the KnoTM Service.

"Kno Store" means the provision by Kno of the ability for you to download, display and use digital books and other electronic content (individually and collectively, "Digital Content").

"Kno Application" means (a) software developed by Kno or third parties that is a part of the software at the time of your initial download and any Digital Content included with such software at the time of your initial download; and (b) updates or upgrades provided by Kno to the software.

"Kno Service" means the provision by Kno of Digital Content to you and related services that facilitate learning and studying and interaction with other members of the Kno community.

Certain features of the Kno Service may be subject to additional guidelines, terms, or rules ("Usage Rules"), which will be posted on the Kno Store in connection with such features. All such additional guidelines, terms, rules, and the Kno Store and Kno Service Privacy Policy ("Privacy Policy") are hereby incorporated by reference into this Agreement. Unless otherwise defined in this Agreement, capitalized terms will have the meanings set forth in the Privacy Policy.

Your use of the Kno Application is governed by the terms of the Kno End User License Agreement and not by the terms of this Agreement.

Your use of the Kno website www.kno.com is governed by the terms of the Kno Website Terms of Use and not by the terms of this Agreement.

1. User Accounts. When you register for the Kno Service, you must create a user account ("Account"). You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false personal information as part of your Account information or in connection with the Kno Service; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access any other person’s Account.

2. User Content

2.1 License. You hereby grant to Kno an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use (a) your Public Content in any manner and for any purpose and (b) your User Content for the purpose of providing you the Kno Service. "User Content" means any and all messages, comments, annotations, notes, stickies, and other content and information that a user submits to, posts on, or makes available to the Kno Service, excluding Public Content. "Public Content" means any and all messages, comments, annotations, notes, and other content and information that a user submits to, posts on, or makes available to areas designated as public areas on the Kno Service or the Kno Store. You represent and warrant that: (a) you have the right to grant the foregoing license and to post, submit, and make available your User Content and Public Content; and (b) your User Content and Public Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content and Public Content.

2.2 User Guidelines. You represent, warrant, and agree that:

you will comply with all applicable laws, including privacy laws and intellectual property laws;
you will not post inappropriate, inaccurate, or objectionable content;
you will not bully, harass or advocate harassment of another user or person;
you will not solicit passwords or Personal Data of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;
you will not post content that contains "junk mail" or "chain letters";
you will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the Kno Service or the Kno Store;
you will not use the Kno Service or the Kno Store to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous;
you will not promote, or upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not); and
your use of the Kno Store, Kno Service, and your User Content and Public Content will not otherwise create liability for Kno.

If you violate the guidelines listed above or any other guidelines posted on the Kno Store or the terms of this Agreement, or if Kno believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for Kno or third parties, Kno reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing such content from the Kno Service or the Kno Store, notifying the appropriate authorities regarding the source of such content, barring violators from accessing the Kno Service or the Kno Store, and terminating the Accounts of such violators.

3. Kno Store Terms of Sale. Kno makes available Digital Content for purchase by you through the Kno Store (each content item designated as such by Kno, an "Item"). Prices are displayed with the applicable Item. Prices and availability of all Items are subject to change at any time. Kno reserves the right to discontinue or suspend the provision of any Item at any time. You must provide valid credit card billing information or other payment information to purchase a license to an Item. You agree that Kno may charge fees to your credit card or other payment account for licenses to Items that you purchase and that you will pay all applicable fees assessed to your Account. Our prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies and duties. In the event of a conflict between the prices displayed for any Item, the price shown at the time you check out your order will be the price charged to you. Kno is not responsible for pricing errors; however, if the price you pay for an Item is higher than its true price, Kno, in its sole discretion, may grant you a credit or refund for the amount exceeding the true price. On occasion, technical problems may prevent or unreasonably delay download of the Item for which you have purchased a license hereunder, in which case your sole and exclusive remedy will either be replacement or refund of the price paid, as determined by Kno. Upon your download of an Item, you are responsible for any loss, damage, or deletion of that Item, and Kno will have no liability to you for any loss, damage, or deletion of that Item. You may return any Item to Kno for a refund of the purchase price (including any tax paid) for any reason within fifteen (15) days of your purchase of a license to that Item, if you have complied with all publisher return conditions for the applicable Item, by following the procedure set forth on the Kno Store. If you return any Item, all licenses with respect to that Item will automatically terminate. You grant Kno the right to disable access to any Item or remotely remove that Item from your Kno Account and expressly consent to such disablement or removal, provided that Kno will not exercise such right unless you return the applicable Item. Each Item is deemed irrevocably accepted fifteen (15) days after download thereof.

IF YOU PURCHASE DIGITAL CONTENT FROM ANYWHERE OTHER THAN THE KNO STORE (e.g., THE APPLE STORE), THEN THOSE TERMS WILL APPLY TO YOUR PURCHASE, INCLUDING ANY NO-RETURN POLICIES.

4. Proprietary Rights

4.1 Use of the Kno Service. Subject to the terms and conditions of this Agreement, Kno grants you, during the term of this Agreement, permission to access and use the Kno Service solely for your personal, non-commercial purposes.

4.2 Use of Items. Subject to the terms and conditions of this Agreement and the payment of all applicable fees for the Item, Kno grants you a non-exclusive, non-transferable, revocable license to download and use each Item in accordance with the Usage Rules posted on the Kno Store solely for your personal, non-commercial purposes as part of the Kno Service during the period designated for such Item on the Kno Store. Additional terms relating to the Items may be posted on the Kno Store. Usage Rules may include limitations on the rental period, your ability to cut, copy and paste, or print portions of an Item, the number of applications from which you can access an Item, geographic territories, and reading aloud functionality.

4.3 Restrictions. You will not: (a) permit any third party to access or use the Kno Store or Kno Service using your Kno Account; (b) rent, lease, loan, sell, license, or transfer the Kno Store or Kno Service to any third party or exploit the Kno Store or Kno Service for commercial purposes; (c) interfere with, disrupt, alter, translate, or modify the Kno Store or Kno Service or any part thereof, or create an undue burden on the Kno Store or Kno Service or the networks or services connected to the Kno Store or Kno Service; (d) reverse engineer, decompile, disassemble, or reverse compile the Kno Store or Kno Service; (e) introduce software or automated agents or scripts to the Kno Store or Kno Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Kno Store or Kno Service; (f) transmit, modify, publish, sell, rent, lease, loan, distribute, license, or otherwise transfer any Item or any portion thereof or rights therein; (g) display, perform, or reproduce any Item except as permitted under Section 4.2; (h) remove or modify any proprietary notices or labels on any Item; or (i) bypass, modify, defeat, circumvent, or tamper with security or digital rights management features that protect or limit access to or use of any Item.

4.4 Ownership. Kno and its licensors own the Kno Store, Kno Service, the Items, and all other content (except for your User Content and Public Content) contained within the Kno Store and Kno Service, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Kno Store, Kno Service, the Items, or any other content (except for your User Content and Public Content) contained in the Kno Store or Kno Service is strictly prohibited. Kno and its licensors reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement. Despite any use of the terms “purchase,” “buy,” “sell,” “sale,” or similar terms, all Items and the applicable copies thereof are licensed to you under this Agreement, not sold.

4.5 Feedback. By providing comments, suggestions, and other feedback relating to the Kno Store, Kno Service, Items, Kno’s business, and Kno’s current and future products and services (collectively, "Feedback") to Kno, you grant to Kno an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use and exploit such Feedback, in any format or medium now known or developed in the future, for any purpose and in any manner. Kno will have no obligation to compensate you in connection with any Feedback.

5. Interaction with Other Users. You are solely responsible for your interactions with other users. Kno reserves the right, but has no obligation, to monitor or take any action regarding disputes between you and other users. To the extent permitted under applicable law, you hereby release Kno from any and all claims or liability related to: (a) any content posted on the Kno Service or the Kno Store; or (b) the conduct, whether online or offline, of any other user.

6. Third Party Websites. Our Kno Service and the Kno Store may contain links to Internet sites and services maintained by third parties. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Agreement and the Privacy Policy only apply to our Kno Service, the Kno Store, and Items and do not apply to any other site or information, products, or services on such sites.

7. Third Party Applications. Kno may permit third parties to develop applications for use in the Kno Application and to provide services for use with such applications ("Third Party Applications and/or Services"). Each Third Party Application and/or Service is provided subject to the terms of the third party providing such Third Party Application and/or Service. Kno is not a party to such terms, and such third party is solely responsible for the Third Party Application and/or Service it provides and any associated warranties.

8. Availability and Modification of Kno Store and Kno Service. Kno reserves the right, from time to time, to suspend, modify, or discontinue the Kno Store and/or Kno Service, in whole or in part, with or without notice. You agree that Kno will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Kno Store and/or Kno Service, in whole or in part. You grant Kno the right to disable access to any Item or remotely remove that Item from your Kno Account and expressly consent to such disablement or removal, provided that Kno will not exercise such right unless Kno determines that such Item may create liability for, or harm to, you, Kno, or any third party, in which case your sole and exclusive remedy will be a refund of the Item price (including any tax paid).

9. Term and Termination. If you fail to comply with any of the provisions of this Agreement, Kno, at its sole discretion and without notice to you, may terminate this Agreement. You may terminate this Agreement by sending an e-mail to support@kno.com. Upon such termination by either party, your right to access and use the Kno Store and Kno Service will terminate immediately. You will remain liable for all amounts due under your Account up to and including the date of termination and you may keep your Account open for the sole purpose of accessing Items purchased by you prior to termination provided that you continue to comply with the terms of the license thereto, including the Usage Rules. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities relating to such termination and that Kno may delete your User Content and Public Content from its servers and databases upon such termination. Notwithstanding any termination, the following provisions of this Agreement will remain in effect: Sections 2.1, 4.3, 4.4, 4.5, 5, and 8 through 19.

10. Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, KNO (AND ITS SUPPLIERS) PROVIDES THE KNO STORE, KNO SERVICE, ITEMS, AND ALL OTHER INFORMATION AND CONTENT ON THE KNO STORE AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT "AS-IS" AND “AS AVAILABLE” AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. USE OF THE KNO STORE, KNO SERVICE, ITEMS, AND ALL OTHER INFORMATION OR CONTENT ON THE KNO STORE OR OTHERWISE PROVIDED BY KNO (OR ITS SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT IS AT YOUR OWN RISK. KNO (AND ITS SUPPLIERS) MAKES NO WARRANTY THAT THE KNO STORE, KNO SERVICE, ITEMS OR ANY OTHER INFORMATION OR CONTENT ON THE KNO STORE OR PROVIDED BY KNO (OR ITS SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT WILL: (A) BE COMPLETE, CURRENT, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, RELIABLE, OR ERROR-FREE; OR (B) PROVIDE ANY SPECIFIC RESULTS OR MEET YOUR REQUIREMENTS. YOU AGREE THAT KNO IS NOT RESPONSIBLE FOR ANY FAILURE TO BACK UP ANY PORTION OF ITEMS DOWNLOADED BY YOU OR YOUR USER CONTENT OR PUBLIC CONTENT. KNO DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE KNO STORE OR KNO SERVICE.

11. Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, (A) KNO WILL NOT BE LIABLE FOR ANY LOSS OF USE OR LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE KNO STORE, KNO SERVICE, ITEMS, OR ANY OTHER INFORMATION OR CONTENT ON THE KNO STORE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF KNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) KNO’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE KNO STORE, KNO SERVICE, ITEMS, AND ANY OTHER INFORMATION AND CONTENT ON THE KNO STORE AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO, WITH RESPECT TO AN ITEM, TO THE AMOUNT PAID BY YOU FOR THAT ITEM, AND, WITH RESPECT TO ALL OTHER CLAIMS, FIFTY U.S.DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL KNO’S SUPPLIERS HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT.

12. User Indemnification. You agree to indemnify and hold Kno, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any and all losses, damages, liabilities, claims, demands, costs, or expenses, including reasonable attorneys’ fees, relating to your: (a) User Content or Public Content; (b) use of the Kno Service; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of any applicable law or any right of any third party.

13. Copyright Policy. You may not post, distribute, or reproduce in any way any Kno copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is Kno’s policy to, in its sole discretion, terminate the Account of any user who repeatedly infringes copyright rights of Kno or third parties. If you believe that your work has been copied and posted on the Kno Service or the Kno Store in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Kno Service or the Kno Store of the material that you claim is infringing; your address, telephone number, and email address; a written 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; and 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. Kno’s Copyright Agent for notice of claims of copyright infringement can be reached by writing to the following: Copyright Agent, Kno, Inc., 5155 Old Ironsides Dr, Santa Clara, CA 95054, or by email at support@kno.com.

14. Disclosures. Kno is located at 5155 Old Ironsides Dr, Santa Clara, CA 95054. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

15. Electronic Communications. The communications between you and Kno use electronic means, whether you use the Kno Service or the Kno Store or send us emails, or whether Kno posts notices on the Kno Service or the Kno Store or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Kno in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kno provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

16. Governing Law; Arbitration. This Agreement, and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in Santa Clara County, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) Kno may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

17. General. The parties are independent contractors. If any provision of this Agreement is unenforceable, such 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. All waivers by Kno will be effective only if in writing. Any waiver or failure by Kno to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Kno Store and Kno Service contain valuable trade secrets and proprietary information of Kno, that any actual or threatened breach of Section 4 of this Agreement will constitute immediate, irreparable harm to Kno for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. “Includes” and “including” are not limiting. This Agreement and the documents referred to herein or incorporated by reference constitute the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

18. Changes. We may amend this Agreement, the Privacy Policy, or the Usage Rules from time to time. Except as otherwise provided in this Agreement, if we make material changes to this Agreement, the Privacy Policy, or the Usage Rules, we will notify you by posting the change on the Kno Store or sending you an e-mail at your primary email address, as specified in your Account. Except as otherwise provided in this Agreement, any changes to this Agreement, the Privacy Policy, or the Usage Rules will be effective immediately for new users of our Kno Service or the Kno Store; otherwise these changes will be effective upon the earlier of fifteen (15) calendar days following our dispatch of an e-mail notice to you or fifteen (15) calendar days following our posting of a notice on the Kno Store. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Kno Service or the Kno Store following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes. Except as otherwise provided in this Agreement, no amendment to this Agreement, the Privacy Policy, or the Usage Rules will be valid unless in a writing hand-signed by the parties.

19. Trademark and Copyright Notice. KNO, the KNO logo, and other names, slogans, graphics, logos, and trade names used on the Kno Service are the trademarks of Kno and may not be used without Kno’s permission. Third-party trademarks, service marks, and trade names that may appear on the Kno Service or the Kno Store are the property of their respective owners. Copyright © 2010, Kno, Inc.

Kno, Inc. Refer-A-Friend Terms – Addendum 7/23/2012

Kno, Inc. ("we", "Kno, Inc. or "Company") may, from time to time, offer users of its service ("Service") the opportunity to earn rewards by referring friends to try the Service ("Kno, Inc. Referral Program" or "Program"). We reserve the right to terminate the Program at any time for any reason. The Program is administered by Extole, Inc., 625 2nd Street, Suite 101, San Francisco, CA 94107 ("Administrator"). The Company and the Administrator are collectively referred to as "Program Entities."

These terms ("Terms and Conditions") shall apply to a user’s participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. If you do not agree to these Terms & Conditions in their entirety you are not authorized to register as a Referrer or to participate in the Program in any manner. Users may not participate in a Program where doing so would be prohibited by any applicable law or regulations.

1. Privacy

Participation in the Program may require users to submit personal information about themselves and their friends, family members or colleagues (collectively “Users”), such as name, e-mail address, and/or Facebook profile information. The personal information will be collected, processed and used in accordance with Company’s Privacy Statement which can be found at http://www.kno.com/privacy and Administrator’s Privacy Policy which can be found at http://www.extole.com/privacy. In addition, personal information may be used by Company or Administrator, on Company's behalf, to contact Users with regards to participation in the Program and to receive communications from Company.

2. How the Program Works.

Program Participation, Generally

To participate, visit refer.kno.com and follow the on-screen instructions to refer as many friends, family members or colleagues as you want to the Service by entering the friends’ name and email addresses in the “Refer A Friend” box.

Users who refer are called “Referrers”; individuals who are referred are called “Referred Customers.” For every “Qualified Referral” (defined below), Referrer may be eligible to receive “Reward(s)” (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms and Conditions.

We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

Eligibility

Referrers must be legal residents of the 50 U.S. states and the District of Columbia who 1) are 18 years or older, and 2) have the legal right to provide the personal information (e.g., name and email address) of each Referred Customer.

Companies and employees of Program Entities or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.

Qualified Referrals

Upon referring a friend, Referrers will be provided with a unique referral link (“Personal Link”) that allows Referrer to receive credit for Qualified Referrals (“Credit”). Each Referrer will also be provided with a unique and personal Company “Refer-a-Friend” page or account to check the status of his/her Qualified Referrals and to manage his/her account. Personal Links will be issued only to individuals. An individual must be registered with the Program to be issued a Personal Link but no purchase is required.

Referrers must respect the spirit of the Program by only referring real third-party individuals who meet the requirements of these Terms and Conditions. For example, a Referrer may not create multiple or fake accounts with Kno, Inc. or participate in the Program using multiple or fake email addresses or identities.

Credit can only be awarded for Qualified Referrals. A Qualified Referral means that all the following conditions are met:

1) The Referred Customer completed the purchase or registration process using the Referrer’s Personal Link. If a Referred Customer purchases or registers with the Service using any other link or method, the registration will not count as a Qualified Referral and Referrer will not earn Credit;
2) The Referred Customer was not previously registered with the Service under any email address or alias;
3) The Referred Customer is a legal resident of the 50 U.S. states and the District of Columbia who is 18 years or older; and
4) Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals.
5) The Referred Customer does not return the purchase made which used the US$5 reward.

Earning Rewards

Referrer shall receive one (1) Reward valued at US$5 for each valid and verified Qualified Referral generated by Referrer.

Rewards may be redeemed in various forms in Program Entities’ sole discretion. Check your Kno, Inc. Refer-A-Friend account for details. Restrictions may apply; for example, if the Reward is the form of a gift card, gift certificate or voucher it may be subject to the issuer’s terms and conditions.

Rewards are subject to verification. Program Entities may withhold a Reward for investigation, or refuse to process any transaction Company deems fraudulent, suspicious, in violation of these Terms and conditions, or believes will impose liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

All Program Entities’ decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is valid.

Credit and/or Rewards have no monetary value and may not be redeemed for cash. Credit and/or Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s Kno, Inc. account for any reason, any unredeemed Credit and/or Rewards accumulated by Referrer are forfeited.

3. Liability

By participating in the Program, Users agree: (a) to be bound by these Terms and Conditions, the decisions of the Program Entities and/or their designees, and the Privacy Policies of Client Name and Extole, Inc. b) to release and hold harmless Program Entities and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and (c) to be contacted by Program Entities via e-mail. Program Entities reserves the right to make changes or additions to these Terms and Conditions for any reason at any time. Program Entities’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.

The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. Program Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond Program Entities control, corrupt the administration, security or proper play of the Program.

The Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.

As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased.

Program Entities reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.

4. Applicable Law

Any and all disputes, claims and causes of action arising out of or related to this Program or any prize awarded shall be resolved under California law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

5. Publicity

Participation in the Program and/or acceptance of a Reward constitutes permission to Program Entities to use any User’s first and last name, company name, Client Name profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.

Conduct

Prohibited Conduct, Generally

Users agree not to use the Program to:

Violate applicable law;
Infringes the intellectual property rights of the Program Entities or any third parties;
Stalk, harass, or harm another individual;
Collect or store personal data about other Users;
Impersonate any person, or otherwise misrepresent User's identity;
Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another User's use of the Program;
Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
Use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

Bulk Distribution

If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Program Entities’ sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link.

Fraudulent and Suspicious Behavior

Program Entities may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of Program Entities. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward. Program Entities reserve the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

The Kno Buddy Program - Addendum 7/24/2012

Kno, Inc. ("we", "Kno, Inc. or "Company") offers a Kno Buddy ("Participant") the opportunity to earn rewards with the The Kno Buddy Program ("Program"). Each Participant will be provided with a Kno Buddy Code (“Code”) that allows the Participant to receive payment every time their code is applied to a Kno.com purchase.

Every time a Kno Buddy Code is applied to a purchase on Kno.com, the Kno Buddy will receive $5 in cash
A Kno Buddy Code is worth $5 off an eTextbook from Kno.com
Codes can only be applied to purchases at: http://www.kno.com
Codes cannot be applied to purchases made within the the iPad app
There is no maximum to how much you can earn
Payment will be sent by November 15th, 2012
All Kno Buddy Codes expire on December 31st, 2012
Payment will not be issued for purchases associated to the Code that are returned within the Return Policy stated on http://www.kno.com/terms
Limit one Kno Buddy Code per account
Multiple Kno Buddy Codes cannot be added to a Kno account

These terms ("Terms and Conditions") shall apply to a user’s participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. We reserve the right to terminate the Program at any time for any reason. The Program is administered by Kno, Inc., 5155 Old Ironsides Drive, Santa Clara, CA 95054.

Participants must respect the spirit of the Program by only referring real third-party individuals who meet the requirements of these Terms and Conditions. For example, a participant may not create multiple or fake accounts with Kno, Inc. or participate in the Program using multiple or fake email addresses or identities.

Fraudulent and Suspicious Behavior

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