Terms and Conditions
Last updated: October 1, 2017
Questions or comments about these Terms may be directed to The Know at firstname.lastname@example.org.
License to Use Site
We are granting you a non-exclusive, revocable, limited license to use the Site solely for your personal and non-commercial use. You agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site.
If you would like to obtain our permission to publish, display or commercially exploit any material from the Site please write to us at email@example.com.
By submitting any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including a personal essay submission, (collectively, “User Content”), to The Know via the Site, email to The Know, via any newsletter published by The Know or through The Know’s social media channels, you are granting us the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such User Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a personal essay submitted by you, in whole or in part, into one of our newsletters, or otherwise featuring such User Content on the Site or The Know’s social media channels, or any other medium or channel The Know chooses. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material. You also warrant that any “moral rights” in submitted content has been waived.
With regard to personal essays submitted by you to The Know, we will review the essay and respond within 30 days to let you know if the essay will be featured by The Know. At the time of submission you will be asked to indicate whether you would like the byline to be anonymous, your name or a pseudonym, if the essay is published by us.
Intellectual Property Ownership
The Know alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site (collectively, “Feedback”). You are not required to provide any Feedback to The Know. To the extent you do provide any Feedback to The Know, you agree to assign and hereby do assign to The Know all right, title and interest in and to such Feedback and agree that The Know may freely utilize such Feedback without compensation to you. These Terms do not constitute a sale and does not convey to you any rights of ownership in or related to the Site, or any intellectual property rights owned by The Know. Our name, logo, and the product names associated with the Site are trademarks of The Know or third-parties, and no right or license is granted to use them.
If you believe that any content appearing on the Site, infringes your copyright, you should notify us by sending us an email at firstname.lastname@example.org. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws.
Linked Sites and Advertising
Our Site may link to third parties’ websites, including advertising or other content posted by us or third parties (“Linked Sites”). We do not review or control, nor are we responsible for, any such Linked Sites or its content, products, services or other materials. Including these Linked Sites on our Site is not an endorsement by The Know of the Linked Site. You should exercise all due caution and care when interacting with any Linked Site and it is your sole responsibility to comply with the appropriate terms of service of the Linked Sites. In no event shall The Know be liable, either directly or indirectly, to anyone for any loss or damage arising from the use of the Linked Sites or the information, materials, products or services accessed on or via a Linked Site.
By using the Site you agree to provide true, accurate, current and complete information about yourself as prompted by any newsletter subscription form, personal essay submission form and any other form requesting information about you or your experience with the Site. If any information provided by you is untrue, inaccurate, not current or incomplete, The Know reserves the right to terminate your subscription, remove any personal essay submission from the Site and refuse any and all current or future use of any Services provided by The Know.
Without limitation of the foregoing, you agree to not use the Site to:
● Email, reproduce, publish, distribute or otherwise transmit any User Content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
● Harass or stalk another;
● Email, reproduce, publish, distribute or otherwise transmit any User Content that victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
● Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including The Know;
● Email, reproduce, publish, distribute or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
● Email, reproduce, publish, distribute or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
● Knowingly or recklessly transmit invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Site, or tamper with, impair, damage, attack, exploit or penetrate The Know’s system or network, or otherwise attempt to interfere with or compromise the system integrity or security of The Know or any connected networks, or take any action to impact the proper operation of the Site and any person’s or entity’s use or enjoyment thereof;
● Intentionally or unintentionally violate any applicable local, state, national or international law.
While The Know will use commercially reasonable efforts to verify the accuracy of any information it places on the Site, The Know does not warrant or represent that such information, products and/or services featured on the Site are reliable, accurate, complete, uninterrupted, secure or free of defects, viruses or bugs.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND AND YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE KNOW EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
THE KNOW DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING FEATURED THOUGHT LEADERS, THROUGH THE SITE OR ANY LINKED SITE AND THE KNOW WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE.
You acknowledge and agree that any reliance on the information and other materials included on the Site shall be at your sole risk and responsibility. The Know reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Site and to make changes to the services, materials, products, and features included therein at any time with or without notice.
The Site does not provide medical advice and you expressly acknowledge and agree that all medical or other health information provided on the Site, whether provided by The Know, featured thought leaders, users, or other third parties, is provided for informational purposes only and is not intended to be and should not be used as a substitute for (i) the advice of your physician, psychiatrist or other medical professionals, (ii) a consultation with your physician, psychiatrist or other medical professionals, or (iii) information included on or in any package or label for a product.
If you have any health related questions or concerns please call or visit your physician, psychiatrist or other medical professional. If you have an emergency, call your physician, psychiatrist or 911 immediately.
You should never disregard medical advice or delay in seeking medical attention because of any content featured on or via the Site nor should you use any of the content featured on or via the Site to diagnose or treat a medical or health related condition. The transmitting and receiving by you of any content or any form of communication via the internet or e-mail or other means does not establish or constitute a doctor-patient relationship, therapist-patient relationship or other healthcare professional relationship between you and The Know, its featured thought leaders, its affiliates or any third party.
The Know does not recommend or endorse any specific tests, physicians, products, procedures, opinions, courses of treatment or other information that is included on the Site. Reliance on any information provided via or on the Site is at your own risk.
Limitation of Liability
SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE KNOW AND ANY OF OUR INDEPENDENT CONTRACTORS, SUPPLIERS AND CONSULTANTS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “THE KNOW PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF ANY OF THE KNOW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE KNOW PARTIES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED YOUR REASONABLE AND FORESEEABLE DAMAGES, NOT TO EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITE OR U.S. $50 (WHICHEVER IS LESS); MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. PLEASE BE AWARE THAT EXCEPT WHERE MANDATED TO THE CONTRARY BY APPLICABLE LAW, THE LIMITATIONS ON LIABILITY SET OUT IN THIS CLAUSE WILL APPLY TO YOU IN FULL. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, OR WITH ANY OF THESE TERMS, YOU SHOULD STOP USING THE SITE. THE KNOW PARTIES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR ANY CONTENT FEATURED THEREON.
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE KNOW. THE KNOW IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.
Indemnification and Release
You will defend, indemnify, and hold harmless The Know Parties from and against any third party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following: (i) your improper use of the Site, the User Content or other Site content, (ii) any content provided by you and posted on the Site, (iii) your violation of these Terms, (iv) your interactions, whether online or offline, with any Users, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or (v) your breach of any laws, regulations or third-party rights.
California residents, you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Dispute Resolution and Arbitration
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND THE KNOW TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF. ARBITRATION PREVENTS YOU AND THE KNOW FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Subject to the exception in the following paragraph, you and The Know agree to arbitrate any dispute, claim, or controversy arising from or related to these Terms, use of the Site, or the User or other Site Content (the “Arbitration Agreement”). If there is any disagreement as to whether this Arbitration Agreement applies to the dispute you agree that an arbitrator shall decide that issue.
You and The Know each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction regarding any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You and The Know agree that you will notify the other party of any dispute within 30 days of when such dispute arises and will negotiate in good faith to attempt to resolve the dispute before a demand for arbitration. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879. Any in-person hearing will be conducted in Los Angeles, CA.
The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS SECTION MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported class action or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section will be deemed void. Except as provided in the preceding sentence, this Section will survive any termination of these Terms and will continue to apply even if you stop using the Site.
You can choose to reject this Arbitration Agreement by sending The Know written notice to email@example.com within 30 days after the date you accept these Terms for the first time. The written notice must state that you do not agree to this Arbitration Agreement and must contain your name, address, phone number, and email address. This procedure is the only way you can opt-out of this Arbitration Agreement and if you do so, all other Terms will continue to apply.
The state and federal courts located in Los Angeles County, California, U.S.A. will have exclusive jurisdiction over any suit in connection with the Site or these Terms that is not subject to arbitration, and you and The Know hereby irrevocably and unconditionally grant permission and submit to the exclusive jurisdiction of such courts. These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. The Know may freely transfer or assign these terms without restriction and at our discretion. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The Know’s failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.