Forbi, Inc., doing business as “Knowe” (“Knowe”, “we”, “us”, or “our”) respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), Knowe has adopted a policy regarding material that is subject to a DMCA takedown notice.
If you believe your copyright is being infringed on the Knowe service or Knowe website (“Site”), you may submit a DMCA Notice of Copyright Infringement (“Notice”) by the process described below. Upon receipt of a Notice, Knowe may make a good faith attempt to take reasonable stepts to notify the Knowe User that Knowe has received notice of an alleged violation of intellectual property rights or other violation. It is also within our policy, in our discretion, to disable and/or terminate the accounts of Knowe Users who infringe or repeatedly infringe the rights of others.
To submit a DMCA Notice of Copyright Infringement, please provide a written communication containing the following:
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on the Site of the material that you claim is infringing;
- Your email address and your mailing address and telephone number;
- A 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;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature and the full legal name of the person authorized to act on behalf of the owner of the copyright interest.
Please submit this written communication to Knowe’s Copyright Agent, with all items completed, by sending an email to email@example.com with the subject line: Notice of Copyright Infringement, or by mailing us at:
ATTN: Copyright Agent
450 Lexington Ave, Suite 81
New York, NY 10017
By using the Service, you accept the terms of this Policy (as well as to the terms of the User Agreement, which incorporates this Policy). If you do not agree with this Policy, you may email us to request that we close your Account (if you have created one), delete all cookies from your browser cache after visiting the Site, and stop your use of the Service. Your continued use of the Service indicates your acceptance of this Policy.
- INFORMATION COLLECTION
We collect information from you when you use the Service. We use this information to, among other things, provide the functionality of the Service and to personalize and improve the quality of your experience with the Service. Generally, we collect information in three ways: through information you provide to Knowe, through information received from third parties, and through information that we collect automatically through technology.
- INFORMATION YOU PROVIDE TO US
The term “Personal Information” as used in this Policy refers to any information that can be used to identify a specific person (such as name, email address, physical address, or phone number), or any anonymous information (such as IP Address) that is linked to a specific person. Personal Information does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.
To use the Service, we require that you provide us certain Personal Information. We collect information, including Personal Information, that you voluntarily provide to us directly or that you provide to us through a third party social media service such as Facebook and LinkedIn. We may also collect certain payment information from you, such as your banking or credit or debit card information and billing address, to facilitate a payment transaction in connection with the Service.
Once you begin using the Service through your Account, we will keep records of your activities related to the Service. The Personal Information will be shared and disclosed as described below in Section 3 (How We Use Your Data).
- INFORMATION RECEIVED FROM THIRD PARTIES
We may retrieve additional Personal Information from third parties.
The Service currently requires you to log in with an existing Facebook or LinkedIn account, and then authorize that social media service to share certain of your Personal Information with us (such as your email address) to create your Account and/or to help create your Profile on the Service (see below in Section 3 (How We Use Your Data)). The information we collect from and through the social media service may depend on the privacy settings with your account with the social media service.
In the future, the Service may also permit additional interactions between it and a third party website, service, or other provider, such as enabling you to “like” or share content to a third party social media service. If we offer, and you choose to use these features to “like” or share content, or to otherwise share information from or via the Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect information such as your IP address and the page you are visiting on the Site, and may set a cookie to enable the features to function properly. Your interactions with third parties through a social media service are governed by the privacy policies of those third parties.
- INFORMATION COLLECTED AUTOMATICALLY THROUGH TECHNOLOGY
We and our third party service providers may automatically collect certain information from you whenever you use the Site or Service. Like many other commercial websites, we utilize “cookies” and other technologies to collect non-personally-identifiable information from the Site. “Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies store information accessed through your browser to streamline activities on related websites, and make the online experience easier and more personalized. Information gathered through cookies and web-server log files may include information such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at a site. We use cookie data to measure web traffic and usage activity on the Site for purposes of improving and enhancing the functionality of our Website, to look for possible fraudulent activity, and to better understand the sources of traffic and transactions on the Site. Cookies also allow our servers to remember your account information for future visits and to provide personalized and streamlined information across related pages on the Site. Log files are used to monitor, measure, analyze, improve, and troubleshoot the Service. You can choose to disable cookies for our Site but this may limit your ability to use the Service (see below in Section 4 (Choice and Opting Out)).
- CHILDREN’S ONLINE PRIVACY PROTECTION ACT
Please note that the Service is general audience and intended for users 13 and older. We do not knowingly collect Personal Information from anyone younger than age 13. If we become aware that a child younger than 13 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 13 and believe that Knowe has collected Personal Information from your child, please contact us.
- INFORMATION YOU PROVIDE TO US
- HOW WE USE YOUR DATA
How we use your Personal Information will depend on which Service you use and how you use the Service. We use the data that we have about you to provide and personalize, including with the help of automated systems and inferences we make, the Service (including ads) so that they can be more relevant and useful to you and others.
- INFORMATION SHARED WITH KNOWE USERS
We use your data to authorize access to the Service.
User and Mentor Profiles
As further explained in the User Agreement, the users of the Service may be Users or Mentors. Users and Mentors are referred to collectively as “Knowe Users”.
After you register for an Account with the Service, you may create a profile as either a User or Mentor, which may give you the option to provide, post, or upload information such as your Personal Information, photographs, professional background information, and other information, to the Service (“Profile”). The information in your Profile may be visible publicly or to other Knowe Users, depending on whether you are a User or Mentor and other settings. If you do not wish for your Personal Information to be visible publicly or to other Knowe Users, you should not provide, post, or upload such Personal Information to the Service.
You may edit certain information in your Profile via your Account. You don’t have to provide, post, or upload Personal Information; however, if you don’t, it may limit your ability to use the Service or engage with other Knowe Users through the Service.
The Service may allow you to share your reviews, ratings, comments, and other information publicly or with other Knowe Users. We collect this feedback information from Knowe Users about their experience with other Knowe Users. Any feedback you provide via the Service or feedback provided about you via the Service may be viewable to other Knowe Users. On occasion, we may remove feedback pursuant to the relevant provisions of our User Agreement.
- INFORMATION SHARED WITH THIRD PARTIES
We share your Personal Information with our third party service providers who facilitate the operation of the Site and Service, including but not limited to payment processors, as well as any third parties that you have directly authorized to receive your Personal Information. We may store your Personal Information in locations outside the direct control of Knowe, for instance, on servers or databases co-located with hosting providers.
We also work with or may in the future work with advertisers, advertising agencies, analytics service providers, and other vendors to provide us with information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve our advertisements on other websites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device, and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Service or other online websites and services.
We may disclose your Personal Information to law enforcement, government officials, or other third parties if: (i) we are compelled to do so by subpoena, court order or other legal process, (ii) we must do so to comply with laws, statutes, rules or regulations, including credit card rules, (iii) we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement.
We will only disclose your Personal Information in response to such a request if we believe in good faith that doing so is necessary to comply with applicable law or a legal obligation to which we are bound. If we receive such a request, we will use reasonable efforts to give you prompt notice, so that you may contest it if you choose. We won’t provide you such notice if we determine in good faith that either (a) we are not permitted to provide it under applicable law, or (b) that doing so would result in an imminent risk of death, serious physical injury or significant property loss or damage to Stripe or a third party.
In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar events, any information in our possession may be transferred to our successor or assign.
- INFORMATION SHARED WITH KNOWE USERS
- CHOICE AND OPTING OUT
- DATA RETENTION
We retain your Personal Information while your account is in existence or as needed to provide you Services. This includes data you or others provided to us and data generated or inferred from your use of our Services. Even if you only use our Services when looking for a new job every few years, we will retain your information and keep your profile open until you decide to close your account.
- RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL INFORMATION
You have choices about the collection, use, and sharing of your Personal Information, from deleting or correcting data you include in your Profile to advertising opt-outs and communication controls.
For Personal Information that we have about you:
- Delete Data: You can ask us to erase or delete all or some of your Personal Information.
- Change or Correct Data: You can edit some of your Personal Information through your Account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate
- Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your Personal Information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your Personal Information is inaccurate or unlawfully held).
- Right to Access and/or Take Your Data: You can ask us for a copy of your Personal Information and can ask for a copy of Personal Information you provided in machine readable form.
Residents in the countries in the European Union (EU), European Economic Area (EEA), and Switzerland may have additional rights under their laws.
Please note that if you elect to not provide Personal Information, it may limit your ability to use our Service. You can update your Personal Information by signing on to the Site with your Account.
If you wish to opt out of having cookies set on your browser (as described above in Section 2 (Information Collection)), manage the settings on your web browser to delete all cookies and disallow further acceptance of cookies. For more information, refer to your browser’s technical information. Disabling cookies on your browser prevents Knowe from tracking your activities in relation to the Site and Service. However, it may also disable many of the features available through the Site and Service.
You may contact us to make these requests at our contact information below at Section 7 (Contact Us), and we will consider your request in accordance with applicable laws.
- COMMUNICATIONS FROM US
We will contact you through email, notices posted on our websites or apps, and other ways through the Service. We will send you messages about the availability of our Services, security, or other service-related issues. We also send messages about how to use the Services, network updates, reminders, job suggestions and promotional messages from us and our partners. You may change your communication preferences at any time, but please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.
- DATA RETENTION
- CLOSING YOUR ACCOUNT
If you would like to close your Account, you can do so by emailing us here with this request, and your Personal Information will generally stop being visible to others on the Service within 24 hours. We generally delete closed account information within 30 days of account closure, except as noted below.
We retain certain Personal Information even after you have closed your Account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your Account has been closed.
Information you have shared with others will remain visible after you closed your Account or deleted the information from your own profile or mailbox, and we do not control data that other Knowe Users copied out of our Services. Ratings or review content associated with closed accounts will show an unknown user as the source. Your Profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.
- OTHER IMPORTANT INFORMATION
Although no data transmission can be guaranteed to be 100% secure, we take commercially reasonable steps to protect Personal Information. Knowe strives to protect information stored in our servers, which are located inside and outside of the United States. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information.
Lawful Bases for Processing
We will only collect and process Personal Information about you where we have a lawful basis to do so. Such lawful bases include consent (where you give us consent), contract (where we need to do so to deliver the Service to you under the User Agreement), or for legitimate interests (such as to comply with laws that apply to us, for quality control and customer service purposes, etc.). Where we rely on your consent to process Personal Information, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your Personal Information, please contact us.
We currently do not share your Personal Information with third parties for their direct marketing services without your permission.
- CONTACT US
If you have any questions about this Policy or any of our privacy-related practices, please contact us first at firstname.lastname@example.org. If you feel you haven’t received a timely or satisfactory response from us, please contact the applicable independent recourse below:
Advisor free agreement
This Advisor Fee Agreement provides information on the Advisor Fee Rates that Advisors may charge to Users for participation in Web Sessions, and Knowe’s Service Fees that apply to the charges. This Advisor Fee Agreement is part of the Knowe User Agreement. Capitalized terms not defined here are defined in the Knowe User Agreement.
- ADVISOR FEE RATES
Users pay for Web Sessions based on the Advisor Fee Rate that the Advisor sets. Each session shall last for 1 hour, unless the User decides to terminate it before. After one hour of session being completed, the session will be terminated automatically. There will be no fractional charges. If, for example, you have a Web Session with a User that goes 45 minutes, you will still be charged for 100% of your hourly rate.
How much should you charge? Great question! We encourage you to follow the below guidelines in setting your rates, which we believe may be helpful to both Knowe Users and Advisors in understanding the value of your career and experience, but at rates that are accessible to those launch their first career (or start a new one). These guidelines are merely suggestions, however, and you are free to set your own Advisor Fee Rate outside of these guidelines. We know that your experience, expertise, and mentorship are unique and may not easily be quantified.
Advisor fee rate guideline
Tier one Professional (15+ years) $199,00
You’re an innovator or influencer in your field. Please note you cannot pick this option unless you are invited by Knowe.
Senior Professional (9+ years) $99,90
You’ve received recognition in your field; you are a C level position; Board Member; already have one or more mentees.
Professional (4-10 years) $79,90
You have certain professional achievements; you have a management role; you are specialist in your field; you did a reputable international MBA.
Young Professional (0-5 years) $59,90
You can give the same advice as the undergrads, but can also share with them how you are rising up the ladder and forging your own path.
Undergrad (0-1 years) $39,90
You have great advice for students; you can talk about your college and/or internship experience.
We also encourage you to review the rates set forth in the Profiles of some of our most trusted and sought-after Advisors here.
- SERVICE FEES CHARGED TO ADVISORS
Pursuant to the Knowe User Agreement, Knowe charges Advisors a Service Fee for each Web Session that an Advisor participates in with a User.
This amount is deducted from the total amount charged to the User. The Service Fees that Knowe and its affiliates charges for use of the Site and Service’s platform, dispute resolution services, and payment services.
The Service Fees is 20% and shall apply regardless of the amount of your Advisor Fee Rate.
Service fee example
Example: If your rate is $99,90/hour, and you participate in a Web Session, you will receive the following:
ADVISOR FEE RATE:
SERVICE FEE RATE:
YOU WILL RECEIVE:
$79,92 (you will be credited $99,90, and Knowe deducts a service fee of 20% of $99,90, or $19,98)
Welcome to Knowe!
Knowe is an online platform connecting Users and Mentors. Users are individuals seeking to pursue and develop their dream careers by consulting with mentors through one-on-one web online sessions (“Web Sessions”) (“Users”). Mentors are professionals in various industries and specialties willing to educate and share their career background, insight, and expertise with Users (“Mentors”). Users and Mentors are referred to collectively hereinafter as “Knowe Users”.
Our platform consists of the www.knowe.co website (the “Site”), and any other websites, features, applications, or services that are owned or controlled by Knowe (together with the Site, the “Service”).
To use the Service, you must be the “Minimum Age” or older who can form legally binding contracts. “Minimum Age” means (a) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, (b) 18 years old for the People’s Republic of China, (c) 16 years old for the Netherlands, and (d) 13 years old for all other countries. However, if the law requires that you must be older in order for Knowe to lawfully provide the Service to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Service is not for use by anyone under the age of 13.
To use the Service, you must register for an account with Knowe (“Account”), as either a User or a Mentor. If you wish to be both a User and a Mentor, you will need to register for two separate accounts. You agree not to register for more than one User Account and one Mentor Account without express written permission from us. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
When you are registering for an Account, you will be asked to login through a third party social media service. Currently we allow you to login via Facebook and LinkedIn only; you will need an existing account on either of those platforms in order to use the Service. If you do not yet have a Facebook account, you may register and join here. If you do not have a Linkedin account, you you may register and join here. By registering for an account through these third party social media platforms, you are agreeing to share with Knowe certain information you have shared with those platforms.
After logging in to Knowe through either Facebook or LinkedIn, you will also be asked to choose a password specifically for your Account. As between you and others, your Account belongs to you. You agree to try to choose a strong and secure password and keep your password secure and confidential. You are responsible for anything that happens through your Account unless you close it or report misuse.
If you are a Mentor, you must then complete a profile (“Profile”), which you consent to be shown to other Knowe Users.
As a Mentor, you must have an account with LinkedIn and grant your Account access to your information on LinkedIn. As a Mentor, your Profile on Knowe will reflect information from your LinkedIn account. As a Mentor, you agree to provide true, accurate, and complete information on your Profile on Knowe and all registration and other forms on the Service or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness, including but not limited to the information on your account on LinkedIn. As a Mentor, you agree not to provide and to correct any information about your career, your educational or professional background, or your skills that is or becomes false or misleading.
Finally, as a Mentor, you must provide a fee rate (“Mentor Fee Rate”) for which you will charge Users for Web Sessions. Guidelines of how to set your Mentor Fee Rate are provided here.
By registering for an Account, either as a User or Mentor or both, you agree to: (a) abide by this Agreement; (b) if you are a User, be financially responsible for your use of the Service; and (c) if you are a Mentor, participate in any Web Sessions that you have agreed to do so with any User. We reserve the right, in our sole discretion, to refuse, suspend, or revoke your access to the Service upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates this Agreement, or for any other reason or no reason in Knowe’s sole discretion.
- IDENTITY VERIFICATION
When you register for an Account and from time to time thereafter, your Account may be subject to verification, including, but not limited to, validation against third-party databases, the verification of one or more official government or legal documents that confirm your identity. We may also conduct a comprehensive criminal background check, at the Country, State, and local levels. You authorize Knowe, directly or through third parties, to make any inquiries necessary to validate your identity, confirm your ownership of your email address or financial accounts, and conduct criminal background checks, subject to applicable law. When requested, you must provide us with information about you.
Although Knowe may perform verification and background checks of Knowe Users, Knowe cannot confirm that each Knowe User is who they claim to be and therefore, Knowe cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Service.
- AGREEMENTS FOR WEB SESSIONS BETWEEN USERS AND ADVISORS
Once you register for an Account, if you are a User, you may purchase Web Sessions with a Mentor, or if you are a Mentor, you may offer to participate in Web Sessions with Users. Once a User purchases a Web Session with a Mentor, Knowe will assist in scheduling for the Web Session and will facilitate payment for the Web Session, but Knowe will not be a participant in the Web Session.
You acknowledge and agree that, when you purchase a Web Session with a Mentor, or when you agree to participate in a Web Session with a User, you have entered into an agreement between the User and Mentor. The terms of the agreement to participate in a Web Session include the terms set forth in this Agreement, the Mentor’s Mentor Fee Rate, and any other contractual terms accepted by both the User and the Mentor to the extent such terms do not conflict with the terms of this Agreement and do not expand Knowe’s obligations or restrict Knowe’s rights under this Agreement. Knowe is not a party to the agreement to participate in any Web Session and will not, under any circumstance, create an employment or other service relationship between Knowe and the Mentor.
KNOWE DOES NOT PARTICIPATE IN WEB SESSIONS AND DOES NOT EMPLOY INDIVIDUALS TO PARTICIPATE IN WEB SESSIONS. KNOWE DOES NOT SUPERVISE, DIRECT, OR CONTROL THE MENTORS OR THE WEB SESSIONS IN ANY MANNER, WHICH USER HEREBY ACKNOWLEDGES.
User and Mentor agree to comply with the How It Works guidelines in preparation for and for participation in Web Sessions.
Both parties agree to notify Knowe of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Knowe representatives for at least thirty (30) days before initiating any proceeding between the parties (see Section 16: Dispute Resolution).
When interacting with other Knowe Users in a Web Session, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER KNOWE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE KNOWE AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. KNOWE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Users contract for Web Sessions directly with Advisors. Please note that it the Advisor that sets the Advisor Fee Rate, and not Knowe. Knowe will not be a party to any contracts for Web Sessions.
- USER PAYMENTS
To confirm that the Payment Method information you have provided through or to the Service is accurate, we may place a temporary authorization on your payment method at the time you provide your payment method information through or to the Service. After we verify that your payment method information is accurate, usually within a few days, the authorization will be removed.
By providing debit or credit card account information through or to the Service, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the Service, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.
- MENTOR PAYMENTS
After a Web Session has been purchased by the User and the User and Mentor participate in and have completed a Web Session, Knowe will credit the Mentor for the full amount paid or released, and then subtract and disburse to Knowe a service fee (in which will be a percentage of the Mentor Fee Rate, as specified in the Mentor Fee Agreement) (the “Service Fee”). Mentors agree to pay Knowe the Service Fee for using the Service’s platform and payment services
In order to receive payment for a Web Session, a Mentor may be required to register with one of Knowe’s third party payment service providers, agree to the payment service provider’s terms and conditions, and be subject to verification to set up an account with the payment service provider. Please note that Knowe is not a party to the agreement between you and the payment service provider and that Knowe has no obligations or liability to any Mentor under the agreement with payment service provider.
Knowe reserves the right, in its sole discretion (but not the obligation), upon request from User or Mentor or upon notice of any potential fraud, unauthorized charges or other misuse of the Service, to (i) place on hold any payment, or (ii) refund payment.
In the event that a User disputes a Mentor’s payment or the quality of the Mentor’s participation in a Web Session, Knowe may withhold payment until such dispute is resolved. As a Mentor, you agree that in the event of any such payment dispute, Knowe has the sole authority to resolve such dispute, and you agree to be bound thereby. As a Mentor, you further understand and agree that you have no right to payment for a Web Session to the extent Knowe reasonably determines you have violated the Agreement, including but not limited to providing incorrect information in your Profile, and to the extent you have already received payment for Web Sessions involving such violations, Knowe shall have the right to recover such payments in full.
A User may cancel a Web Session without penalty up to an hour before the scheduled Web Session. If you are a User who has been improperly charged for cancelled Web Session and require a refund, please contact us. If a User cancels within an hour before a scheduled Web Session, Knowe may charge the User up to 100% of the payment due for the Web Session, and may remit this payment to the Mentor, subject to the Service Fee. A Mentor may cancel a scheduled Web Session without penalty at any time; however, that Mentor may be subject to negative feedback from the User and Knowe may terminate and suspend the Mentor’s Account.
- NO REFUNDS
User agrees that once User authorizes a payment for and participates in a Web Session, the charge is non-refundable, except as otherwise required by applicable law. User also acknowledges and agrees that this Agreement provides a dispute resolution process as a way for User to resolve disputes. To the extent permitted by applicable law, User therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back Knowe for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Agreement. If a User initiates a chargeback in violation of this Agreement, User agrees that Knowe may dispute or appeal the chargeback and institute collection action against User.
If a User fails to pay the Mentor for any other amounts due under this Agreement, whether by canceling User’s credit or debit card, initiating an improper chargeback, or any other means, Knowe may suspend or close the User’s Account and revoke the User’s access to the Site, including User’s authority to use the Site to process any additional payments, or purchase any additional Web Sessions. Without limiting other available remedies, User must pay Knowe upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Knowe, at our discretion, may set off amounts due against other amounts received from or held by Knowe, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
- FOREIGN CURRENCY CONVERSION
The Service currently operates in either U.S. dollars or Brazilian reais. If foreign currency conversion is required to make a payment, Knowe will charge User’s payment into either U.S. Dollars or Brazilian reais, and the User’s Payment Method provider will convert the payment at a foreign currency conversion rate selected by User’s Payment Method provider. User’s Payment Method provider may also charge fees directly to the Payment Method used to fund a cross-border payment even when no currency conversion is involved. Knowe is not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than U.S. Dollars or Brazilian reais.
- KNOWE USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services. You agree that you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site and Services;
- use the Site and Services for any commercial or other purposes that are not expressly permitted by this Agreement;
- copy, store or otherwise access any information contained on the Site and Services for purposes not expressly permitted by this Agreement;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other Knowe User or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Knowe User;
- recruit or otherwise solicit any other Knowe User to join third party services or websites that are competitive to Knowe, without Knowe’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site or Services;
- use the Service to find a Mentor and then complete a transaction independent of the Service in order to circumvent the obligation to pay any fees related to Knowe’s provision of the Service;
- as a Mentor, provide a Profile with a false or misleading information, or submit any Mentor Fee Rate with a rate that you do not intend to honor;
- post, upload, publish, submit or transmit any material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Service, or any individual element within the Site or Service, Knowe’s name, any Knowe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Knowe’s express written consent;
- access, tamper with, or use non-public areas of the Site or Service, Knowe’s computer systems, or the technical delivery systems of Knowe’s providers;
- attempt to probe, scan, or test the vulnerability of any Knowe system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Knowe or any of Knowe’s providers or any other third party (including another user) to protect the Site or Service;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Service to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Knowe will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Knowe has no obligation to monitor your access to or use of the Site or Service or to review or edit any Profile, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Knowe reserves the right, at any time and without prior notice, to remove or disable access to any material that Knowe, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Site or Services.
- KNOWE USER FEEDBACK
You acknowledge and agree that feedback benefits the Service, all Knowe Users, and the efficiency of the Site and you specifically request that Knowe post composite or compiled feedback about Knowe Users, including yourself, on Profiles and elsewhere on the Site and Service. You acknowledge and agree that feedback results for you, if any, will consist of comments, ratings, indicators of Knowe User satisfaction, and other feedback left by other Knowe Users. You further acknowledge and agree that Knowe will make feedback results available to other Knowe Users, including composite or compiled feedback. Knowe provides this feedback system as a means through which Knowe Users can share their opinions publicly and Knowe does not monitor or censor these opinions.
Knowe does not investigate any remarks posted by Knowe Users for accuracy or reliability but may do so if a Knowe User requests that Knowe do so. You may be held legally responsible for damages suffered by other Knowe Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Knowe is not legally responsible for any feedback or comments posted or made available on the Site by any Knowe Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Knowe Users from abuse, Knowe reserves the right (but is under no obligation) to remove posted feedback or information that, in Knowe’s sole discretion, violates this Agreement or negatively affects the Service. You acknowledge and agree that you will notify Knowe of any error or inaccurate statement in your feedback results, and that if you do not do so, Knowe may rely on the accuracy of such information.
- YOUR INFORMATION
“Your Information” is defined as any information and materials you provide to Knowe or other Knowe Users in connection with your Account for and use of the Service. You are solely responsible for Your Information, including feedback you provide under Section 5: Knowe User Feedback, and we act merely as a platform for your online distribution and publication of Your Information. The information and materials described in this Section 6, as provided by each Knowe User, is collectively referred to herein as “User Generated Content.”
As between you and Knowe, you own the content and information that you submit or post onto the Service, and you are only granting Knowe and our affiliates a non-exclusive, worldwide, royalty-free, transferable right to use, copy, modify, distribute, publish, and process, Your Information and content that you provide through the Service, without any further consent, notice, and/or compensation to you or others, in order to perform and improve upon the Service. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata).
The Site and Service provides only a platform for connecting Users and Mentors. In the event that you have a dispute with one or more Knowe Users, you release Knowe and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
KNOWE EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN KNOWE USERS OF ITS SERVICE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.”
- TERMINATION AND SUSPENSION
Both you and Knowe may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services.
You may terminate this Agreement at any time by emailing us with the request to close your account.
Knowe may terminate or suspend your right to use the Service in the event that we believe that you have breached this Agreement (a “Knowe User Breach”) by providing you with written or email notice of such Knowe User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice. If Knowe terminates or suspends your right to use the Service for a Knowe User Breach, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Knowe reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Knowe reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Service at its sole discretion. Except for refundable fees you have advanced to Knowe (if any), Knowe is not liable to you for any modification or discontinuance of all or any portion of the Service. Notwithstanding anything to contrary in this Section 8, Knowe has the right to restrict anyone from completing registration as a Mentor if Knowe believes such person may threaten the safety and integrity of the Service, or if, in Knowe’s discretion, such restriction is necessary to address any other reasonable business concern.
All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
- LINKS TO OTHER WEBSITES
The Service may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by Knowe of those sites or their content. They are provided as an information service, for reference and convenience only. Knowe does not control any such sites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Service as well as any advertisements displayed in connection therewith) does not mean that Knowe endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
As part of the functionality of the Service, you may link your account with online accounts you may have with third party social media services (such as Facebook, LinkedIn, and other services that let you sign in using your existing credentials with those services) by either: (i) providing your third party social media service login information through the Service; or (ii) allowing Knowe to access your social media service account, as is permitted under the applicable terms and conditions that govern your use of each social media service. You represent that you are entitled to disclose your social media service account login information to Knowe and/or grant Knowe access to your social media service account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable social media service account and without obligating Knowe to pay any fees or making Knowe subject to any usage limitations imposed by such third party service providers. By granting Knowe access to any of your social media services accounts, you understand that (i) Knowe may access, make available and store (if applicable) any content that you have provided to and stored in your social media service account so that it is available on and through the Service via your Account, including without limitation any friend lists, and (ii) Knowe may submit and receive additional information to your social media service account to the extent you are notified when you link your account with the social media service account. Unless otherwise specified in this Agreement, all content from your social media service accounts, if any, shall be considered to be User Generated Content for all purposes of this Agreement. Depending on the social media service accounts you choose and subject to the privacy settings that you have set in such accounts, personally identifiable information that you post to your social media accounts may be available on and through your Account on the Service. Please note that if a social media service or associated service becomes unavailable or Knowe’s access to such social media service is terminated by the third party service provider, then such information may no longer be available on and through the Service. You will have the ability to disable the connection between your Account on Knowe and your social media service accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL MEDIA SERVICES IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL MEDIA SERVICES. Knowe makes no effort to review any content from your social media services for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Knowe is not responsible for any such.
- WORKER CLASSIFICATION AND WITHHOLDINGS
AS SET FORTH IN SECTION 3: AGREEMENTS FOR WEB SESSIONS BETWEEN USERS AND MENTORS, KNOWE DOES NOT PARTICIPATE IN WEB SESSIONS AND DOES NOT EMPLOY MENTORS TO PARTICIPATE IN WEB SESSIONS
Knowe Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Knowe. Each Knowe User acknowledges that Knowe does not, in any way, supervise, direct, or control a Mentor or the participation in the Web Sessions. Knowe does not set a Mentor’s work hours or location of work. Knowe will not provide any equipment, labor or materials needed for a particular Task. Knowe does not provide any supervision to Mentors.
The Service is not an employment service and Knowe is not an employer of any Mentor. As such, Knowe is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your participation in Web Sessions.
You agree to indemnify, hold harmless and defend Knowe from any and all claims that a Mentor was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Mentor was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorneys’ fees), any claim that Knowe was an employer or joint employer of a Mentor, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
- INTELLECTUAL PROPERTY RIGHTS
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Knowe Users see or read through the Service is owned by Knowe, excluding User Generated Content that Knowe has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Knowe owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Knowe Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Knowe’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Knowe and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Knowe, including without limitation Knowe and the Knowe logo, are service marks owned by Knowe. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.
- DISCLAIMER OF WARRANTIES
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KNOWE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. KNOWE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND KNOWE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER KNOWE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER KNOWE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY KNOWE USER.
NEITHER KNOWE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
KNOWE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A USER MAY USE TO EXPEDITE MENTOR SELECTION, EACH USER IS RESPONSIBLE FOR SELECTING THEIR MENTOR AND KNOWE DOES NOT WARRANT ANY SERVICES PURCHASED BY A USER AND DOES NOT RECOMMEND ANY PARTICULAR MENTOR. KNOWE DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY MENTOR’S PROFESSIONAL ACCREDITATION, REGISTRATION, OR LICENSE.
- NO LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT KNOWE IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD KNOWE, ITS AFFILIATES, ITS LICENSORS, PARTNERS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY KNOWE USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY KNOWE USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY KNOWE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL KNOWE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE OR WEB SESSIONS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
KNOWE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OF ANY WEB SESSION TAKING PLACE ON THE SERVICE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT KNOWE OR ITS PARTNERS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO KNOWE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless Knowe, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Knowe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Knowe.
- DISPUTE RESOLUTION
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Knowe agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Knowe. Knowe’s address for such notices is Knowe, 450 Lexington Ave, Suite 81, New York, NY 10017, Attention: Legal.
BINDING ARBITRATION. If you and Knowe are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed USD 10,000, Knowe will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Knowe may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Knowe agree that any arbitration will be limited to the Dispute between Knowe and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND KNOWE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Knowe otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
LOCATION OF ARBITRATION. Arbitration will take place in New York City, New York. You and Knowe agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the New York state and Federal courts located in New York City, New York have exclusive jurisdiction and you and Knowe agree to submit to the personal jurisdiction of such courts.
RIGHT TO OPT OUT OF ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER. You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying Knowe in writing within 30 days of the date you first registered for the Service or 30 days from the date this Agreement was last updated. To opt out, you must send a written notification to Knowe at Knowe, 450 Lexington Ave, Suite 81, New York, NY 10017, Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
- GOVERNING LAW
You and Knowe agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” in Section 15 above, if any portion of Section 15 entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed, and the remainder of the Agreement will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in Section 15 is found to be illegal or unenforceable, neither you nor Knowe will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within New York City, New York, and you and Knowe agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement will be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 15 entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
- NO AGENCY
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
- GENERAL PROVISIONS
Failure by Knowe to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Knowe with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Knowe, its successors and assigns.
- CHANGES TO THIS AGREEMENT AND THE SERVICE
- DIGITAL SIGNATURE
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.