Welcome to 1-800-KNOW-NOW! This Web site (www.1800knownow.com, this "Site") is provided by 1800KNOWNOW LLC ("1-800-Know-Now," "we" or "us"). Your use of this Site and any other service 1-800-Know-Now may provide is governed by and subject to these terms and conditions of use (this "Agreement"). Please read this Agreement carefully and thoroughly. By accessing and using this Site and any other services 1-800-Know-Now may provide, you agree that you have read and understand this Agreement, and that you accept and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not continue to access and/or use this Site or any other service 1-800-Know-Now may provide.
Changes to Terms
This Agreement may be updated by 1-800-Know-Now from time to time, and may be amended to incorporate additional terms specific to certain additional 1-800-Know-Now products or services, which are free or which you may choose to purchase. All such updates and changes are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, posting a revised version of this Agreement or other notice on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site or any other services 1-800-Know-Now may provide signifies your continuing consent to be bound by the terms of this Agreement and any amended version of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to this Site's contents and any other service 1-800-Know-Now may provide at any time without prior notice to you.
Access, Registration and Use
In this Agreement, "you" refers to an individual accessing this Site or receiving any other service 1-800-Know-Now provides, regardless of any particular 1-800-Know-Now products or services which are free or purchased. To the extent applicable, "you" also includes the corporation or other legal entity (your "Company"), if any, on whose behalf you are accessing this Site receiving any other service 1-800-Know-Now provides. Though registration is not required to access and use certain features and materials that we make available on this Site, you must register with 1-800-Know-Now as a member in order to take advantage all of the features and benefits of 1-800-Know-Now [(as described below)]. You agree that all information that you provide to 1-800-Know-Now in connection with your access to and use of this Site or any other service 1-800-Know-Now provides (including, but not limited to, all information that you may provide in the 1-800-Know-Now registration process) is true, accurate and complete to the best of your knowledge, belief and ability, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. We reserve the right to terminate this Agreement and to refuse, restrict or discontinue service or access to this Site, any portion or features of this Site, or any other products or services that 1-800-Know-Now provides to you or any other person or entity, at any time, and without notice or liability, including, but not limited to, termination of your use of this Site and your use of any other products or services that 1-800-Know-Now provides for any reason whatsoever.
1-800-Know-Now Privacy Policy
Information that you provide or that we collect about you and/or your Company through your access to and use of this Site is subject to our Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference. We encourage you to read and become familiar with our privacy practices. To review our Privacy Policy, please click here.
Consents
Before continuing to access and use this Site or any other service 1-800-Know-Now provides, you must obtain all required consents and approvals from your Company (if applicable) and from any customers, clients and other third parties who may be affected by, or may need to consent to, your access to and use of this Site or any other service 1-800-Know-Now provides and any of the materials, products and services provided through this Site or any other service 1-800-Know-Now provides, whether such consents and approvals are required by law or otherwise.
Security
1-800-Know-Now takes commercially reasonable measures to secure and protect information transmitted to and from this Site, however we cannot and do not guarantee that any such communications or any electronic commerce conducted on or through this Site is or will be totally secure. You are responsible for maintaining the confidentiality of any login or ID you use (your "User ID") and any password that may be assigned by 1-800-Know-Now or chosen by you (your "Password"), and you are fully responsible for all access and any activity that occurs through use of your User ID or Password. You agree to immediately notify 1-800-Know-Now of any unauthorized use of your User ID or Password or any other breach of Site security of which you become aware. 1-800-Know-Now cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID and Password. It is your responsibility to keep your User ID and Password secret and to keep your profile on the Site up to date at all times. [DISCUSS AGAIN OTHER SECURITY MEASURES (i.e. passcode to enter for paid subscribers and registered subscribers)]
Proprietary Content
1-800-Know-Now respects the intellectual property rights of others and expects you to do the same. 1-800-Know-Now has expended substantial time, effort and funds to create this Site and any other service 1-800-Know-Now provides and to collect and provide the materials, products and services that are available through this Site or any other service 1-800-Know-Now provides. You understand and agree that 1-800-Know-Now owns or (where required, appropriate or applicable) has been licensed by third parties to use all right, title and interest in and to this Site and the products and services made available on or through this Site or any other service 1-800-Know-Now provides, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the "Content"). You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using this Site or any other service 1-800-Know-Now provides. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of 1-800-Know-Now and its licensors.
Use of Content
1-800-Know-Now grants you a limited license to access and make personal use of this Site and the Content for legitimate personal and non-commercial purposes. Except as expressly provided for in this Agreement or in an applicable, validly executed license or service agreement between you or your Company and 1-800-Know-Now, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Content in any other manner or for any other purpose constitutes an infringement of 1-800-Know-Now's intellectual property and other proprietary rights. Other than as necessary and required to facilitate your personal use, without the prior written permission of 1-800-Know-Now, you may not reproduce, perform, create derivative works from, republish, upload, post, retransmit, or redistribute in any way whatsoever any Content from this Site any other Web site owned or operated by 1-800-Know-Now or Content from any other service 1-800-Know-Now provides. Use of the Content or any portion thereof on any other Web site or other networked computer environment is expressly prohibited without prior written permission from 1-800-Know-Now. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content. Except as expressly authorized by 1-800-Know-Now in writing, in no event shall you reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or this Site, or access to or use of the Content and this Site.
Submissions
By submitting information and material to this Site or to any other service provided by 1-800-Know-Now, whether by e-mail, telephone or other mode of communication, or through access to and use of this Site or the Content including, but not limited to, access to and use of any available pages or applications, submitting or posting feedback, questions, comments, suggestions, ideas, graphics, text, software or computer files of any type, you thereby expressly grant, or warrant that the owner of such material has expressly granted, 1-800-Know-Now a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, make and have made, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to our Privacy Policy, as set forth on this Site.
Compliance with Law
You access and use this Site and the materials, products and services available on or through this Site or any other serviced provided by 1-800-Know-Now at your own initiative and risk. In connection with your access to and use of this Site and that of any person authorized by you to use this Site or any other service provided by 1-800-Know-Now, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. You expressly agree to comply with all applicable laws regarding the transmission of data or information out of the country in which you reside. You further agree not to upload to this Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. You agree that you will not use this Site or any service that 1-800-Know-Now may provide to access Web sites or information that you know to be illegal. These assurances and commitments by you shall survive termination of this Agreement.
Linked Sites and Advertising
Certain hyperlinks or other advertising may be provided on this Site which may link to other Web sites that are not under the control of 1-800-Know-Now. 1-800-Know-Now does not sponsor or endorse such Web sites which may be provided through links on this Site or companies that advertise through any other service 1-800-Know-Now may provide ("Advertisements") and is not responsible for the accuracy, content or any aspect thereof. 1-800-Know-Now disclaims all liability for such Web sites and Advertisements, and for any use of the links to such Web sites or use of such Web sites or Advertisements themselves. We also disclaim all liability and make no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through such other Web sites and Advertisements, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against 1-800-Know-Now arising from or based on your use of, or the offer or purchase of products or services on or through, such other Web sites and Advertisements. Links and/or Advertisements do not imply that 1-800-Know-Now is affiliated or associated with, or is legally authorized to use any trademark, tradename, logo or copyright symbol displayed in connection with or accessible through such links or Advertisements, or that any linked site or Advertisers are authorized to use any trademark, trade name, logo or copyright symbol of 1-800-Know-Now.
Disclaimer
Although 1-800-Know-Now strives to make this Site and the materials, products and services provided through this Site helpful, reliable and current, you understand that your access to and use of this Site and all materials, products and services available through it and 1-800-Know-Now are at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through this Site or any other service 1-800-Know-Now may provide are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you, or your Company, may desire to use them; and (ii) free of viruses and other destructive routines. WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF ANY OF 1800KNOWKNOW'S SERVICES. ADDITIONALLY ALL MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND THROUGH ANY 1-800-KNOW-NOW SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. 1800-KNOW-NOW DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. 1-800-KNOW-NOW DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND THROUGH 1-800-KNOW-NOW ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU SHOULD NOT USE THE SERVICES 1-800-KNOW-NOW PROVIDES FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE ENTIRE RISK FOR USE OF THE SERVICES WHICH 1-800-KNOW-NOW PROVIDES IS BORNE BY YOU. ADDITIONALLY, PLEASE REVIEW OUR GENERAL DISCLAIMER [HYPERLINK], WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE MINIMUM PERIOD PERMISSIBLE UNDER APPLICABLE LAW.
Limitation of Liability
Limitation of Liability NEITHER 1-800-KNOW-NOW, ITS SUBSIDIARIES, CONTRACTORS, SUPPLIERS, CO-BRANDERS AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, INDEPENDENT CONTRACTORS AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES AS LISTED HERETOFORE IN THIS SENTENCE, COLLECTIVELY, THE "1-800-KNOW-NOW ASSOCIATES"), SHALL BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, NEGLIGENT USE OR NON-USE, OR YOUR RELIANCE ON OR FAILURE TO RELY ON THIS SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES ACCESSIBLE, ACCESSED OR USED ON OR THROUGH THIS SITE OR ANY OTHER SERVICE 1-800-KNOW-NOW MAY PROVIDE; (B) ANY DECISIONS MADE OR NOT MADE, OR ACTIONS TAKEN OR NOT TAKEN BY YOU, YOUR COMPANY, OR ANY THIRD PARTY WITH REGARD TO, IN RELIANCE ON, OR AS A RESULT OF, ACCESS AND USE OF THIS SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND ANY OTHER SERVICE 1-800-KNOW-NOW MAY PROVIDE; (C) 1-800-KNOW-NOW'S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH 1-800-KNOW-NOW. UNDER NO CIRCUMSTANCES SHALL THE 1-800-KNOW-NOW ASSOCIATES BE LIABLE TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE, NEGLIGENT USE OR NON-USE OF MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE OR 1-800-KNOW-NOW, THE USE, COPYING OR DISPLAY OF THIS SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THIS SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF 1-800-KNOW-NOW), EVEN IF 1-800-KNOW-NOW WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE 1-800-KNOW-NOW ASSOCIATES SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE 1-800-KNOW-NOW ASSOCIATES ARE FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE 1-800-KNOW-NOW ASSOCIATES' COLLECTIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.
Indemnification
You agree to indemnify, defend and hold each of the 1-800-Know-Now Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), made or asserted by any third party due to or arising out of content, data or information you submit, post to or transmit through this Site, your access to and use, negligent use or non-use of the Content, this Site and other materials, products and services available on or through this Site and any other service 1-800-Know-Now may provide, your violation of this Agreement or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.
Miscellaneous
This Agreement and the 1-800-Know-Now Privacy Policy, together with any applicable, validly executed licenses or services agreements between you or your Company and 1-800-Know-Now collectively constitute the entire agreement with respect to your access to and use of this Site and the materials, products and services available on or through this Site or any other service 1-800-Know-Now may provide. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of 1-800-Know-Now's copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you and 1-800-Know-Now. 1-800-Know-Now may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of 1-800-Know-Now and any such attempted assignment by you shall be null and void and of no force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.
Jurisdiction
This Site and any other service 1-800-Know-Now may provide was created and is presently maintained, located and controlled by 1-800-Know-Now in the State of New York. This Agreement shall be governed by and construed under the law of the State of New York, without regard to conflicts of law principles or rules thereof. Any legal action arising out of or related to this Agreement and your access to and use of this Site or any other service 1-800-Know-Now may provide must be commenced within one (1) year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT 1-800-KNOW-NOW AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. 1-800-Know-Now and you each agree to use your best efforts to settle any dispute or claim arising out of or relating to, for resolution of any matters related to interpretation, construction or enforcement, or otherwise in connection with this Agreement, the 1-800-Know-Now Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of this Site and the materials, products and services available on or through this Site or any other service 1-800-Know-Now may provide. If 1-800-Know-Now and you cannot reach a written settlement agreement within thirty (30) days of your initially raising the controversy or claim, 1-800-Know-Now and you shall submit any controversy or claim arising out of or relating to this Agreement to binding arbitration in New York, New York administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
International Users and Export Control Laws
This Site and possibly other services 1-800-Know-Now may provide can be accessed from countries around the world. 1-800-Know-Now makes no representation that this Site, or the services and products available through it, are appropriate or available for use at other locations outside the United States, and access to this Site from territories where this Site or any of its services or products are illegal is prohibited. The export and re-export of software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Taliban controlled areas of Afghanistan, or any country to which the United States embargoes goods. In addition, 1-800-Know-Now software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Severability; English Language
If any provision of this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the other provisions of this Agreement shall remain in full force and effect. The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
Headings
The headings to the Sections of this Agreement are used for convenience only and shall have no substantive meaning or impact on the interpretation of this Agreement.
Questions Regarding Terms of Access
Please contact us with any questions regarding this Site, this Agreement or any other service 1-800-Know-Now may provide by e-mail at customerservice@1800knownow.com or by calling our customer service line at (866) 566-9669.
Acknowledgement
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE 1-800-KNOW-NOW PRIVACY POLICY [HYPERLINK] AND GENERAL DISCLAIMER [HYPERLINK] REFERENCED HEREIN.