Last Updated 08/07/2013
PLEASE READ THIS AGREEMENT CAREFULLY.
IF YOU REPRESENT A SCHOOL AND WANT TO USE THE KNO SERVICE IN A CLASSROOM CONTEXT, PLEASE CONTACT KNO AT firstname.lastname@example.org. YOUR SCHOOL WILL NEED TO ENTER INTO A MASTER SCHOOL AGREEMENT WITH KNO. IF YOU ARE A TEACHER AND WANT TO USE THE KNO SERVICE IN A CLASSROOM CONTEXT AND YOUR SCHOOL HAS NOT ENTERED INTO A MASTER SCHOOL AGREEMENT (“TEACHER”), THEN BY CREATING AN ACCOUNT FOR YOUR STUDENT, YOU ARE AGREEING (AND REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE) TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOUR SCHOOL. IF YOU ARE A STUDENT AND HAVE BEEN PROVIDED A KNO ACCOUNT FROM YOUR SCHOOL OR TEACHER (“SCHOOL STUDENT”), THEN KNO IS PROVIDING YOU THE KNO SERVICE ON BEHALF OF YOUR SCHOOL AS YOUR SCHOOLS SERVICE PROVIDER AND THESE TERMS (AS WELL AS THE MASTER SCHOOL AGREEMENT IF APPLICABLE) APPLY TO YOUR USE OF THE KNO SERVICE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 14) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
These Terms of Service (“Agreement”) are between you and Kno, Inc. ("Kno,” “we,” or “us”) and govern your access to and use of the Kno Service. Certain features of the Kno Service may be subject to additional guidelines, terms, or rules (“Usage Rules”), which will be posted on the Kno Service in connection with such features and are hereby incorporated by reference into this Agreement.
1. Certain Definitions
1.1 “Application Platform” means each third party application platform from which Kno offers the Kno Application.
1.2 “Digital Content” means digital books and other electronic content provided by Kno under this Agreement.
1.3 “EULA” means Kno’s end user license agreement for the Kno Application available at http://www.kno.com/eula, as may be updated from time to time in accordance with its terms.
1.4 “Kno Application” means the software application provided by Kno to view Digital Content and any updates or upgrades thereto provided by Kno.
1.5 “Kno Service” means the provision by Kno of the Kno Site, Kno Store, and Digital Content to you and related services under this Agreement.
1.6 “Kno Site” means Kno’s website, currently at www.kno.com.
1.7 “Kno Store” means the provision by Kno of Digital Content through the Kno Site (excluding through the Kno Application or through an Application Platform).
2. User Accounts.
2.1 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 (or your child or your School Student as applicable); (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 (other than your child or your School Student as applicable); or (f) use or access any other person’s Account.
2.2 Alternatively, you may create an account by logging in with your credentials from your third party account with certain social networking sites (such as Twitter or Facebook). If you do so, you represent and warrant that you are entitled to disclose your login credentials to Kno and/or grant Kno access to your third party account without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating Kno to pay any fees. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
3.User Content and Public Content.
3.1 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 public areas on the Kno Service (e.g., forums, blogs, or other community features). 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.
3.2 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, including child porn;
- 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;
- you will not use the Kno Service 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 Service, and your User Content and Public Content will not otherwise create liability for Kno.
3.3 Enforcement. If you violate the guidelines listed above or any other guidelines posted on the Kno Service 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, notifying the appropriate authorities regarding the source of such content, barring violators from accessing the Kno Service, and terminating the Accounts of such violators.
4. Kno Store Terms of Sale.
4.1 Kno makes available Digital Content for purchase by you through the Kno Store. Prices are displayed with the applicable Digital Content. Prices and availability of all Digital Content are subject to change at any time. Kno reserves the right to discontinue or suspend the provision of any Digital Content at any time. You must provide valid credit card billing information or other payment information to purchase a license to an Digital Content. You hereby authorize Kno to charge your credit card or other payment account the fees for licenses to Digital Content that you purchase in accordance with this Section 4. 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 Digital Content, 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. On occasion, technical problems may prevent or unreasonably delay download of the Digital Content 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 Digital Content, you are responsible for any loss, damage, or deletion of that Digital Content, and Kno will have no liability to you for any loss, damage, or deletion of that Digital Content. You may return any Digital Content 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 Digital Content, if you have complied with all publisher return conditions for the applicable Digital Content, by following the procedure set forth on the Kno Store. If you return any Digital Content, all licenses with respect to that Digital Content will automatically terminate. Each Digital Content is deemed irrevocably accepted fifteen (15) days after download thereof.
4.2 You grant Kno the right to disable access to any Digital Content or remotely remove that Digital Content from your Kno Account and expressly consent to such disablement or removal, provided that Kno will not exercise such right unless (a) you return the applicable Digital Content, (b) you breach this Agreement, or (c) Kno determines that such Digital Content may create liability for, or harm to, you, Kno, or any third party. In the case of (a) or (c) above your sole and exclusive remedy will be a refund of the Digital Content price (including any tax paid).
4.3 Subject to the terms and conditions of this Agreement and the payment of all applicable fees for the Digital Content, Kno grants you a non-exclusive, non-transferable, revocable license to download and use each Digital Content in accordance with the Usage Rules posted on the Kno Store solely for your personal, non-commercial or educational purposes during the period designated for such Digital Content on the Kno Store. Additional terms relating to the Digital Content 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 Digital Content, the number of applications from which you can access an Digital Content, geographic territories, and reading aloud functionality.
4.4 You will not: (a) transmit, modify, publish, sell, rent, lease, loan, distribute, license, or otherwise transfer any Digital Content or any portion thereof or rights therein; (b) display, perform, or reproduce any Digital Content except as permitted under Section 4.3; (c) remove or modify any proprietary notices or labels on any Digital Content; or (d) bypass, modify, defeat, circumvent, or tamper with security or digital rights management features that protect or limit access to or use of any Digital Content.
4.5 Purchases through Application Platforms or the Kno Application. DIGITAL CONTENT MAY BE PURCHASED THROUGH THE KNO APPLICATION AND/OR THROUGH CERTAIN APPLICATION PLATFORMS (E.G., ITUNES). IF YOU PURCHASE DIGITAL CONTENT FROM ANYWHERE OTHER THAN THE KNO STORE (E.G., THROUGH THE KNO APPLICATION OR AN APPLICATION PLATFORM), THIS SECTION 4 DOES NO APPLY TO YOU. INSTEAD, THE TERMS OF THE APPLICABLE APPLICATION PLATFORM WILL APPLY TO YOUR PURCHASE, INCLUDING ANY NO-RETURN POLICIES.
4.6 School Students. IF YOU ARE AN SCHOOL STUDENT, THIS SECTION 4 DOES NOT APPLY TO YOU. ANY RIGHTS YOU MAY HAVE TO USE DIGITAL CONTENT IS THROUGH YOUR SCHOOL. PLEASE CONTACT YOUR SCHOOL OR TEACHER TO UNDERSTAND YOUR RIGHTS TO USE THE DIGITAL CONTENT PROVIDED BY KNO TO YOU ON BEHALF OF YOUR SCHOOL. For the avoidance of doubt, this Section 4 does apply to Teachers purchasing Digital Content for use by School Students.
5. License and Proprietary Rights
5.1 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 (excluding the Digital Content) solely for your personal, non-commercial or educational purposes.
5.2 Use of the Digital Content. See Section 4 above.
5.3 Use of the Kno Application. The Kno Application is subject to the EULA. Prior to downloading the EULA, you will be required to agree to the EULA. To the extent the EULA conflicts with this Agreement, the EULA applies solely with respect to the Kno Application.
5.4 Restrictions. You will not: (a) permit any third party to access or use the Kno Service using your Kno Account (other than your child or your School Student as applicable); (b) rent, lease, loan, sell, license, or transfer the Kno Service to any third party or exploit the Kno Service for commercial purposes; (c) interfere with, disrupt, alter, translate, or modify the Kno Service or any part thereof, or create an undue burden on the Kno Service or the networks or services connected to the Kno Service; (d) reverse engineer, decompile, disassemble, or reverse compile the Kno Service; or (e) introduce software or automated agents or scripts to the Kno Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Kno Service.
5.5 Availability and Modification of the Kno Service. Kno reserves the right, from time to time, to suspend, modify, or discontinue the 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 Service, in whole or in part.
5.6 Ownership. Kno and its licensors own the Kno Service (excluding your User Content and Public Content), and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Kno Service (excluding your User Content and Public Content) 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 Digital Content and the applicable copies thereof are licensed to you under this Agreement, not sold.
5.7 Feedback. By providing comments, suggestions, and other feedback relating to the Kno Service, Kno Application, Kno’s business, products and/or 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.
6. Other Users and Third Party Items
6.1 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.
6.3 Third Party Applications. Kno may allow third parties to develop applications for use on the Kno Application and to provide services for use with such applications (“Third Party Apps”). You agree that no Third Party App is subject to the terms and conditions of this Agreement. Instead, each Third Party App is licensed under the terms of the end user license that accompanies it. Kno is not a party to that end user license, and the Third Party App developer is exclusively responsible for that Third Party App and any associated warranties.
6.4 Release. 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 (b) the conduct, whether online or offline, of any other user, (c) third party websites, and/or (d) Third Party Applications and/or Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. 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 email@example.com. Upon such termination by either party, your right to access and use the Kno Service will terminate immediately. You will remain liable for all amounts due under your Account up to and including the date of termination. 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 1, 3, 4, 5.4-5.7, and 5.8 through 17.
8. Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, KNO (AND ITS SUPPLIERS) PROVIDES THE KNO SERVICE AND ALL OTHER INFORMATION AND CONTENT ON THE KNO SERVICE 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 SERVICE AND ALL OTHER INFORMATION OR CONTENT ON THE KNO SERVICE 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 SERVICE OR ANY OTHER INFORMATION OR CONTENT ON THE KNO SERVICE 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 DIGITAL CONTENT DOWNLOADED BY YOU OR YOUR USER CONTENT OR PUBLIC CONTENT. KNO DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE KNO SERVICE.
9. 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 SERVICE OR ANY OTHER INFORMATION OR CONTENT ON THE KNO SERVICE 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 SERVICE AND ANY OTHER INFORMATION AND CONTENT ON THE KNO SERVICE AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU FOR HEREUNDER OR 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.
10. 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.
11. Copyright Policy. Kno’s copyright policy applies to this Agreement and is hereby incorporated by this reference.
12. 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.
13. Electronic Communications. The communications between you and Kno use electronic means, whether you use the Kno Service or send us emails, or whether Kno posts notices on the Kno Service 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.
14. Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
14.1 Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Kno and our employees, agents, successors, or assigns, regarding or relating to these the Kno Services or this Agreement, shall exclusively be settled through binding and confidential arbitration
14.2 Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes
14.3 You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
14.4 You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
14.5 Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Santa Clara, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Santa Clara County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Santa Clara County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
14.6 With the exception of subparts (1) and (2) in the paragraph 14.4 above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph 14.4 (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Santa Clara County, California.
14.7 Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Kno with written notice prior to the date of termination.
14.8 For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
14.9 Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Kno and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
15. 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 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. You may not assign this Agreement without Kno’s prior written consent and any assignment in violation of the foregoing is null and void. Kno may freely assign this Agreement.
16. Changes. We may amend this Agreement or the Usage Rules from time to time. Except as otherwise provided in this Agreement, if we make material changes to this Agreement or the Usage Rules, we will notify you by posting the change on the Kno Service 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 or the Usage Rules will be effective immediately for new users of our Kno Service; 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 Service. 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 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 or the Usage Rules will be valid unless in a writing hand-signed by the parties.
17. 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 are the property of their respective owners. Copyright © 2010, Kno, Inc.
1. You may not post, distribute, or reproduce in any way any 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 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:
- 1.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- 1.2 a description of the copyrighted work that you claim has been infringed;
- 1.3 an identification of the location on the Kno service of the material that you claim is infringing;
- 1.4 your address, telephone number, and email address;
- 1.5 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;
- 1.6 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.
2. 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 firstname.lastname@example.org