Welcome to the Know App Inc. (“KNOW”, “we”, or “us”) website located
at knowapp.com (“Site”) and our mobile application (“App”). Please
read these Terms of Service (the “Terms”) and our Privacy Policy
knowapp.com/privacy (“Privacy Policy”) carefully because they govern
your (“you”) use of our Site, App, and our content accessible via our
Site and App. To make these Terms easier to read, the Site and our
services and App are collectively called the “Services.”
1. Intended Use of KNOW Services.
We are a content platform and website that allows users to
explore, discover, and access events in their local area (“Events”).
As a user, you can explore, discover, and access Events or post
information about or distribute or disseminate invites for Events to
other users who may specifically follow your user account or who may
otherwise discover the Event if you elect to make such Event publicly
listed on the Services. These Terms apply to all of your activity
related to and use of the Services.
2. Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you
don’t agree to be bound by these Terms, do not use the Services.
3. Privacy Policy.
Please refer to
our Privacy Policy for information on how we collect, use and share
your information. You acknowledge and agree that your use of the
Services is subject to our Privacy Policy knowapp.com/privacy.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE
TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY
DISPUTE BETWEEN YOU AND KNOW THROUGH BINDING, INDIVIDUAL ARBITRATION
RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE
RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE
PROCEDURE TO OPT OUT OF ARBITRATION).
4. Changes to these Terms or the Services.
We may update the Terms from time to time in our sole
discretion. If we do, we’ll let you know by posting the updated Terms
on the Site and may also send other communications. It’s important
that you review the Terms whenever we update them or you use the
Services. If you continue to use the Services after we have posted
updated Terms it means that you accept and agree to the changes. If
you don’t agree to be bound by the changes, you may not use the
Services anymore. The only exception is for changes to the “Dispute
Resolution” section, for which you have followed the process in
Section 19(f). Because our Services are evolving over time we may
change or discontinue all or any part of the Services, at any time and
without notice, at our sole discretion. We may add, remove, suspend or
alter access to any content available through or on the Services from
our Services at any time and make no guarantee as to the availability
or minimum amount of specific content, including any Event Content (as
defined below). The Services, or certain features or portions thereof,
may be offered in limited territories, and we may use geo-filtering
technology to restrict access outside of those territories.
5. Who May Use the Services?
To use the Services, you must be at least 18 years of age and
not otherwise barred from using the Services under applicable law. By
using the Services, you represent and warrant that you (or your parent
or legal guardian, as required by applicable law if you are unable to
form a binding contract) have reviewed and agreed to these Terms.
6. Accounts.
For certain features
of the Services you’ll need an account. It’s important that you
provide us with accurate, complete and current account information and
keep this information up to date. If you don’t, we might have to
suspend or terminate your account. To protect your account, keep the
account details and password confidential, and notify us right away of
any unauthorized use. You’re responsible for all activities that occur
under your account, including, without limitation, the posting of
information about or invites for Events, and any communications or
other contact you have with other users of the Services. We reserve
the right to accept or refuse any user accounts or to restrict use of
the Services in our discretion. You may not transfer or assign your
account or any related Services benefits. We may take actions we deem
reasonably necessary to prevent fraud and abuse, including placing
restrictions on user accounts or on the amount of content, including
Event Content (as defined below) that can be accessed from the
Services at any one time.
7. Feedback.
We appreciate feedback, comments, ideas, proposals and
suggestions for improvements to the Services (“Feedback”). If you
choose to submit Feedback, you hereby assign to us all right, title,
and interest in such Feedback and acknowledge that we are free to use
it without any restriction or compensation to you. In addition, to the
fullest extent permitted by applicable law, you hereby waive all moral
rights in and to such Feedback.
8. Your Content.
Posting Content. Our Services may allow you to store or share
content such as text (in posts or communications with others), files,
documents, graphics, images, software, audio and video. Anything
(other than Feedback) that you post or otherwise make available
through the Services, including without limitation any Event Content
(as defined below), in connection with an Event or otherwise, is
referred to as “User Content”. User Content also includes, without
limitation, any communications or content that you share with another
user of the Services (“Communications”). KNOW does not claim any
ownership rights in any User Content and nothing in these Terms will
be deemed to restrict any rights that you may have to your User
Content, except as may be otherwise agreed to by you and KNOW in a
separate written agreement.
Permissions to Your User
Content. By making any User Content available through the Services you
hereby grant to KNOW and its affiliates, licensee, successors, and
assigns an irrevocable, non-exclusive, perpetual, transferable,
worldwide, royalty-free license, with the right to sublicense, to use,
copy, modify, create derivative works based upon, distribute, publicly
display, and publicly perform or otherwise exploit in whole or in part
your User Content in connection with operating and providing the
Services or promoting and marketing KNOW or the Services.
Your
Responsibility for User Content. You are solely responsible for all
your User Content. You represent and warrant that you have (and will
have) all rights that are necessary to grant us the license rights in
your User Content under these Terms. You represent and warrant that
neither your User Content, including all Event Content and
Communications, nor your use and provision of your User Content to be
made available through the Services, nor any use of your User Content
by KNOW on or through the Services will infringe, misappropriate or
violate a third party’s intellectual property rights, or rights of
publicity or privacy, misrepresent your or KNOW’s relationship with
any third party, or result in the violation of any applicable law or
regulation. You represent and warrant that all of your User Content
and your activities in connection with the Services will, at all
times, comply with (i) the Terms; (ii) all applicable laws, rules, and
regulations; and (iii) any other guidelines or requirements that we
may make available to you from time to time.
Removal of
User Content. We have the right, in our sole discretion, to remove any
User Content. You can remove your User Content by specifically
deleting it. You should know that in certain instances, some of your
User Content (such as posts or comments you make) may not be
completely removed and copies of your User Content may continue to
exist on the Services. To the maximum extent permitted by law, we are
not responsible or liable for the removal or deletion of (or the
failure to remove or delete) any of your User Content. Except as
expressly stated herein, you acknowledge and agree that we have no
obligation to provide, monitor, edit, upload, or remove any of your
User Content, although we have the right to do so.
KNOW’s
Intellectual Property. We may make available through the Services
content that is subject to intellectual property rights. We retain and
reserve all rights to that content, including, without limitation, all
rights in and to the Site, App, Services, and all features,
trademarks, trade names, service marks, trade dress, and the look and
feel of the Site, App, and Services. Other than the right to use the
Site, App, and Services as explicitly described in these Terms for
your personal, limited use, no other rights are granted to you under
these Terms.
9. Events and Event Content.
Subject to our rights under Section 8, you acknowledge that all
Events and any content related thereto (collectively, “Event Content”)
are the property of the respective user that makes the Event Content
available through the Services or, if made explicit on the Services,
us. You acknowledge that all Event Content and all content within any
Communications you make available or transmit through the Services are
your property. You acknowledge and agree that KNOW is not responsible
or liable for your Event Content or Communications. Unless explicitly
stated otherwise on the Services, we do not endorse or guarantee the
truthfulness, accuracy, or completeness of any Event Content. Except
as expressly stated herein, you acknowledge and agree that we have no
obligation to provide, monitor, edit, or remove any Event Content,
although we have the right to do so. You agree that all Event Content
and Communications will contain only truthful, accurate, information
and you will keep all such Event Content updated. You represent that
you have all the rights, permissions, and consents necessary to make
such content available through the Services and to grant all rights
under these Terms.
10. Rights and Terms for Apps.
App License. If you comply with these Terms, KNOW grants to you
a limited non-exclusive, non-transferable license, with no right to
sublicense, to download and install a copy of the App on a mobile
device or computer that you own or control and to run such copy of the
App solely for your own personal non-commercial purposes. Except as
expressly permitted in these Terms, you may not: (i) copy, modify or
create derivative works based on the App; (ii) distribute, transfer,
sublicense, lease, lend or rent the App to any third party; (iii)
reverse engineer, decompile or disassemble the App (unless applicable
law permits, despite this limitation); or (iv) make the functionality
of the App available to multiple users through any means.
Additional Information: Apple App Store. This paragraph
applies to any App that you acquire from the Apple App Store or use on
an iOS device. Apple has no obligation to furnish any maintenance and
support services with respect to the App. In the event of any failure
of the App to conform to any applicable warranty, you may notify
Apple, and Apple will refund the App purchase price to you (if
applicable) and, to the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect
to the App. Apple is not responsible for addressing any claims by you
or any third party relating to the App or your possession and use of
it, including, but not limited to: (i) product liability claims; (ii)
any claim that the App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation. Apple is not responsible for the
investigation, defense, settlement and discharge of any third-party
claim that your possession and use of the App infringe that third
party's intellectual property rights. Apple and its subsidiaries,
are third-party beneficiaries of these Terms, and upon your acceptance
of the Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as a
third-party beneficiary thereof. Apple and its subsidiaries are
third-party beneficiaries of these Terms, and upon your acceptance of
the Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as a
third-party beneficiary thereof. You represent and warrant that (i)
you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a
terrorist-supporting country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties. You must also
comply with any applicable third-party terms of service when using the
App.
11. General Prohibitions and KNOW’s Enforcement Rights.
You agree not to do any of the following: Post, upload,
publish, submit or transmit any content 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 person or entity; or (vii) promotes
illegal or harmful activities or substances;
Use, display, mirror
or frame the Services or any individual element within the Services,
KNOW’s name, any KNOW trademark, logo or other proprietary
information, or the layout and design of any page or form contained on
a page, without KNOW’s express written consent;
Access, tamper
with, or use non-public areas of the Services;
Attempt to access
or search the Services or download content from the Services using any
engine, software, tool, agent, device or mechanism (including spiders,
robots, crawlers, data mining tools or the like) other than the
software and/or search agents provided by KNOW or other generally
available third-party web browsers;
Send any unsolicited or
unauthorized advertising, promotional materials, email, junk mail,
spam, chain letters or other form of solicitation;
Use any meta
tags or other hidden text or metadata utilizing an KNOW trademark,
logo URL or product name without KNOW’s express written consent;
Use the Services, or any portion thereof, for any commercial
purpose or for the benefit of any third party or in any manner not
permitted by these Terms;
Interfere with, or attempt to
interfere with, the access of any user, host or network, including,
without limitation, sending a virus, overloading, flooding, spamming,
or mail-bombing the Services;
Collect or store any personally
identifiable information from the Services from other users of the
Services without their express permission;
Impersonate or
misrepresent your affiliation with any person or entity, claim a false
affiliation, or misrepresent the source or identity of content used
through the Services;
You agree not to provide any information
that is intended to misinform, misdirect, mislead, or otherwise
deceive any users of the Services or any other third party;
Violate any applicable law or regulation; or
Induce others
to do any of the above.
KNOW is not obligated to monitor access
to or use of the Services or to review or edit any content. However,
we have the right to do so for the purpose of operating the Services,
to ensure compliance with these Terms and to comply with applicable
law or other legal requirements. We reserve the right, but are not
obligated, to remove or disable access to any content, at any time and
without notice, including, but not limited to, if we, at our sole
discretion, consider it objectionable or in violation of these Terms.
We have the right to investigate violations of these Terms or conduct
that affects the Services. We may also consult and cooperate with law
enforcement authorities to prosecute users who violate the law.
12. DMCA/Copyright Policy.
KNOW respects copyright law and expects its users to do the same. It
is KNOW’s policy to terminate in appropriate circumstances account
holders who repeatedly infringe or are believed to be repeatedly
infringing the rights of copyright holders. Please see KNOW’s
Copyright Policy at knowapp.com/copyright, for further information.
13. Links to Third Party Websites or Resources.
The Services (including the Site and App) may allow you to
access third-party websites or other resources. To the extent provided
by us, we provide access only as a convenience and are not responsible
for the content, products or services on or available from those
resources or links displayed on such websites. Users of the Services
may provide access through User Content, including, without
limitation, through Event Content or Communications, to third-party
websites or other resources. To the extent provided by you, you hereby
acknowledge and agree that, as between you and KNOW, you bear full
responsibility and liability in connection with such access by users
of the Services. You acknowledge sole responsibility for and assume
all risk arising from, your use of any third-party resources. You
further acknowledge that we have no responsibility to remove, add,
modify, or monitor User Content, including any access to third-party
websites or other resources contained in User Content.
14. Termination.
We may terminate or suspend, in whole or in part, your access to and
use of the Services, at our sole discretion, at any time and without
notice to you. You may cancel your account contacting us at
info@knowapp.com. Upon any termination, discontinuation or
cancellation of the Services or your account, the following Sections
will survive: 8(b), 8(c), 8(e), 13, 14, 15, 16, 17, 18, 19,and 20.
15. Warranty Disclaimers.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY
KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES
ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no
warranty that the Services will meet your requirements or be available
on an uninterrupted, secure, or error-free basis. We make no warranty
regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of any information or content on the
Services. WE ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT,
INCLUDING, WITHOUT LIMITATION, THE EVENT CONTENT, AND WE MAKE NO
WARRANTY OR REPRESENTATION OF ANY KIND IN REGARD TO USER CONTENT. YOUR
PARTICIPATION IN ANY EVENT OR USE OF OR RELIANCE UPON EVENT CONTENT OR
ANY OTHER THIRD PARTY CONTENT OR SERVICES IS AT YOUR OWN RISK AND WE
ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR HARM OF ANY KIND,
INCLUDING PROPERTY DAMAGE OR PHYSICAL INJURY, RESULTING FROM YOUR
PARTCIPATION IN, USE OF, OR RELIANCE THEREON. YOU HEREBY RELEASE KNOW
AND ITS INVESTORS, OFFICERS, DIRECTORS, AND THEIR SUCCESSORS AND
ASSIGNS FROM ANY LIABILITY RELATED TO SUCH PARTICIPATION, USE, OR
RELIANCE OR YOUR OR ANYONE ELSE’S ATTENDANCE AT THE EVENTS.
KNOW
ASSUMES NO RESPONSIBILITY FOR ANY USER’S OR THIRD PARTY’S FAILURE TO
COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. WE EXPLICITLY
DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER
THIRD PARTY. WE DO NOT, AND CANNOT CONTROL YOUR INTERACTION WITH ANY
USER OR OTHER THIRD PARTY; WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING
FROM SUCH INTERACTION.
16. Indemnity.
You will indemnify and hold harmless KNOW and its officers,
directors, employees and agents, from and against any claims,
disputes, demands, liabilities, damages, losses, and costs and
expenses, including, without limitation, reasonable legal and
accounting fees arising out of or in any way connected with (a) your
access to or use of the Services, (b) your User Content, or (c)
violation of these Terms.
17. Limitation of Liability.
For the purposes of this Section 17, “KNOW”, “we”, or “us”
shall mean Know App Inc., its parents, subsidiaries, affiliates,
investors, agents, and successors and assigns.
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, NEITHER KNOW NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS
OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER
DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY
KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE
OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT KNOW OR ANY OTHER PARTY HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU
ACKNOWLEDGE THAT KNOW SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONTENT
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR
ANY THIRD PARTY’S CONTENT, WHETHER OR NOT SUCH CONTENT IS ACCESSED
THROUGH THE SERVICES (INCLUDING ANY USER CONTENT), AND THAT ANY RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU
ACKNOWLEDGE THAT KNOW SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
DAMAGE OR HARM, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR
MONETARY HARM, THAT ARISES IN CONNECTION WITH AN EVENT.
Outside
of the discovery and invite features of the Services, KNOW does not
own or operate any entity which provides goods or services in
connection with Events, including, without limitation, lodging or
transportation accommodations, tour or guide services, equipment
vendors, food services or entertainment providers. WE ARE NOT LIABLE
FOR ANY ACT OR OMISSION OF ANY SUCH PERSON OR ENTITY, OR OF ANY OTHER
THIRD PARTY. Without limitation, we are not responsible for any
injury, loss, or damage to person or property in connection with the
provision of any goods or services related to Events.
TO
THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE
JURISDICTION, IN NO EVENT WILL KNOW’S TOTAL LIABILITY ARISING OUT OF
OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO
USE THE SERVICES EXCEED TWENTY DOLLARS ($20). THE EXCLUSIONS AND
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN KNOW AND YOU.
18. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed
by the Federal Arbitration Act, federal arbitration law, and the laws
of the State of New York, without regard to its conflict of laws
provisions. Except as otherwise expressly set forth in Section 19
“Dispute Resolution,” the exclusive jurisdiction for all Disputes
(defined below) that you and KNOW are not required to arbitrate will
be the state and federal courts located in the Southern District of
New York, and you and KNOW each waive any objection to jurisdiction
and venue in such courts.
19. Dispute Resolution.
Mandatory Arbitration of Disputes. We each agree that any
dispute, claim or controversy arising out of or relating to these
Terms or the breach, termination, enforcement, interpretation or
validity thereof or the use of the Services (collectively, “Disputes”)
will be resolved solely by binding, individual arbitration and not in
a class, representative or consolidated action or proceeding. You and
KNOW agree that the U.S. Federal Arbitration Act governs the
interpretation and enforcement of these Terms, and that you and KNOW
are each waiving the right to a trial by jury or to participate in a
class action. This arbitration provision shall survive termination of
these Terms.
Exceptions and Opt-out. As limited
exceptions to Section 19(a) above: (i) you may seek to resolve a
Dispute in small claims court if it qualifies; and (ii) we each retain
the right to seek injunctive or other equitable relief from a court to
prevent (or enjoin) the infringement or misappropriation of our
intellectual property rights. In addition, you will retain the right
to opt out of arbitration entirely and litigate any Dispute if you
provide us with written notice of your desire to do so by email at
info@knowapp.com or by regular mail at 223 Bedford Ave, PMB #786,
Brooklyn, NY 11211 within thirty (30) days following the date you
first agree to these Terms.
Conducting Arbitration and
Arbitration Rules. The arbitration will be conducted by the American
Arbitration Association (“AAA”) under its Consumer Arbitration Rules
(the “AAA Rules”) then in effect, except as modified by these Terms.
The AAA Rules are available at www.adr.org or by calling
1-800-778-7879. A party who wishes to start arbitration must submit a
written Demand for Arbitration to AAA and give notice to the other
party as specified in the AAA Rules. The AAA provides a form Demand
for Arbitration at www.adr.org.
If your claim is for U.S.
$10,000 or less, you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the
arbitrator, through a telephonic or video-conference hearing, or by an
in-person hearing as established by the AAA Rules. If your claim
exceeds U.S. $10,000, the right to a hearing will be determined by the
AAA Rules. Any arbitration hearings will take place in the county (or
parish) where you live, unless we both agree to a different location.
The parties agree that the arbitrator shall have exclusive authority
to decide all issues relating to the interpretation, applicability,
enforceability and scope of this arbitration agreement.
Arbitration
Costs. Payment of all filing, administration and arbitrator fees will
be governed by the AAA Rules. We’ll pay for all filing, administration
and arbitrator fees and expenses if your Dispute is for less than
$10,000, unless the arbitrator finds your Dispute frivolous. If we
prevail in arbitration we’ll pay all of our attorneys’ fees and costs
and won’t seek to recover them from you. If you prevail in arbitration
you will be entitled to an award of attorneys’ fees and expenses to
the extent provided under applicable law.
Class Action
Waiver.
YOU AND KNOW AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
Further, if the parties’ dispute is resolved
through arbitration, the arbitrator may not consolidate another
person's claims with your claims, and may not otherwise preside
over any form of a representative or class proceeding. If this
specific provision is found to be unenforceable, then the entirety of
this Dispute Resolution section shall be null and void.
Effect of
Changes on Arbitration. Notwithstanding the provisions of Section 4
“Changes to Terms or Services” above, if KNOW changes any of the terms
of this Section 19 “Dispute Resolution” after the date you most
recently accepted these Terms, you may reject any such change by
sending us written notice (including by email to info@knowapp.com)
within 30 days of the date such change became effective, as indicated
in the “Last Updated” date above or in the date of KNOW’s email to you
notifying you of such change. By rejecting any change, you are
agreeing that you will arbitrate any Dispute between you and KNOW in
accordance with the terms of this Section 19 “Dispute Resolution” as
of the date you most recently accepted these Terms.
Severability.
With the exception of any of the provisions in Section 19(e) of these
Terms ("Class Action Waiver"), if an arbitrator or court of
competent jurisdiction decides that any part of these Terms is invalid
or unenforceable, the other parts of these Terms will still apply.
20. General Terms.
Reservation of Rights. KNOW and its licensors exclusively own
all right, title and interest in and to the Services, including all
associated intellectual property rights. You acknowledge that the
Services are protected by copyright, trademark, and other laws of the
United States and foreign countries. You agree not to remove, alter or
obscure any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the Services.
Entire
Agreement. These Terms constitute the entire and exclusive
understanding and agreement between KNOW and you regarding the
Services, and these Terms supersede and replace all prior oral or
written understandings or agreements between KNOW and you regarding
the Services. If any provision of these Terms is held invalid or
unenforceable by an arbitrator or a court of competent jurisdiction,
that provision will be enforced to the maximum extent permissible and
the other provisions of these Terms will remain in full force and
effect. You may not assign or transfer these Terms, by operation of
law or otherwise, without KNOW’s prior written consent. Any attempt by
you to assign or transfer these Terms, without such consent, will be
null. KNOW may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure
to the benefit of the parties, their successors and permitted
assigns.
Notices. Any notices or other communications provided by
KNOW under these Terms will be given: (i) via email; or (ii) by
posting to the Services. For notices made by email, the date of
receipt will be deemed the date on which such notice is
transmitted.
Waiver of Rights. KNOW’s failure to enforce any
right or provision of these Terms will not be considered a waiver of
such right or provision. The waiver of any such right or provision
will be effective only if in writing and signed by a duly authorized
representative of KNOW. Except as expressly set forth in these Terms,
the exercise by either party of any of its remedies under these Terms
will be without prejudice to its other remedies under these Terms or
otherwise.
21. Contact Information.
If you have any questions about these Terms or the Services,
please contact KNOW at:
Phone: (888) 887-7997
Email:
info@knowapp.com
Mailing Address: KNOW App, Inc. 223 Bedford Ave,
PMB #786, Brooklyn, NY 11211