The Contractual Arrangements
The Contractual Arrangements your access and use of the services and content provided by this website constitute your agreement to be bound by these terms, which establish a contractual relationship between you and “success trek, llc” (“knowex”). Please read these terms and conditions of service carefully before proceeding. If you do not agree to these terms you may not use the website. These terms and conditions also contain important information regarding your legal rights, remedies and obligations.
Knowex may immediately terminate these terms or any services with you, or generally cease offering or deny access to the service or any portion thereof, at any time for any reason. Knowex may also change or amend the terms, including the financial terms related to the knowex services from time to time in its sole discretion. Knowex will post a notice on the website any time these terms and conditions have been changed or otherwise updated. It is your responsibility to review these terms and conditions periodically. The modified or amended terms will expressly supercede prior agreements or arrangements with you upon knowex’s posting of such updated terms. Your continued access or use of the services provided by this website constitutes your consent to be bound by the terms and conditions, as amended or modified.
“KnowEx” is KnowEx, LLC
“KnowEx application and website” refers to www.KnowEx.com owned, managed, and operated by KnowEx, to include all aspects on the mobile application and the desktop.
“KnowEx Service” means all the services and products provided by KnowEx, LLC, including the KnowEx website.
“Content” means all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio, video, photos, images, reviews, ideas, information, and other data or copyrightable materials.
“User” means a person who completes account registration process on KnowEx website.
“Student” means a User who requests a Meeting with an Advisor (as defined below) via the KnowEx service to obtain advice, help, education or any information the Student desired to have.
“Advisor” or “Expert” means a User who creates, accepts, offers, provides, or confirms a Meeting with Student and advises the Student.
“Account” means an Account on KnowEx website obtained by a User for his own use and benefit.
“Profile” means the personal overview of a User on KnowEx website, including, without limitation, the user’s name, images, employment history, credentials, awards, honors, experience, educational background, past activities on KnowEx website, earnings through KnowEx Service, number of Students helped, number of Meetings participated, and ratings and feedback.
1:1 Meeting” means a meeting between an Advisor and a Student.
“Course Meeting” means a meeting between one Advisor and one or more Students covering any topic of the Advisor’s choice.
“Meeting” means 1:1 Meeting, and/or Course Meeting.
“Referral Program” refers to a Program offered by KnowEx to incentivize Users to refer their friends to register on KnowEx website and to use KnowEx Service.
“Referral Reward” means the rewards KnowEx gives to Users for their participation in KnowEx Referral Program.
“Course Sharing Reward” means the rewards KnowEx gives to a User whose original Meeting Content was used by other Users to create their own Meetings. Compensation is paid when Students take that course from another Advisor, and that compensation is referred to as the reward.
“Email Referral Program” refers to a Program offered by KnowEx to incentivize Users to set up a Meeting between a Student and an Advisor by emailing invitations to both of them. This will be established in the near future.
“Email Referral Reward” means the compensation rewards that KnowEx gives to Users for their participation in KnowEx Email Referral Program.
Overview of Our Services
KnowEx Service constitutes a technology platform that provides opportunities to Users of KnowEx Service, who need information and advice on a variety of topics, to arrange and schedule 1:1 Meetings, or Course Meetings with other Users of KnowEx Service, who possess and are willing to share their knowledge and expertise on such topics. Such 1:1 Meetings or Course Meetings are listed on the KnowEx Website. You may view Meetings as an unregistered visitor to the KnowEx website; however, if You wish to participate in a Meeting either as a Student or an Advisor, You must first register to create an KnowEx Account (defined below).
As stated above, KnowEx makes available an online platform with related technology for Students and Advisors to meet online and arrange for meetings directly with each other. KnowEx does not participate in any Meeting or provide any advice. The Advisors do not have authority to act on behalf of KnowEx, neither are they employees or agents of KnowEx. Instead, the KnowEx website or any other KnowEx Service are intended to be used to facilitate the direct connection among Users, as well as the flow of information, advice and monetary reward directly among them. KnowEx cannot and does not control the content of any Meeting or the quality of the advice or information given by anyone in the Meeting; nor can we control or warranty the accuracy, the suitability, or the usefulness of any information or advice from any Meeting. KnowEx disclaims any and all liability related to any advice or information distributed during any Meeting. Accordingly, Students follow the advice and use the information they obtained from the Advisors at their own risk. KnowEx’s responsibilities are limited to: (i) facilitating the availability of the website as a platform for Students and Advisors to meet each other and as a platform for the flow of information and (ii) serving as the limited payment collection agent of each Advisor for the purpose of accepting payments from Students on behalf of the Advisor.
If there is a dispute between participants on this site, or between users and any third party, you agree that KnowEx is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release KnowEx, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "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."
Ownership of the Mobile Application and Website
The application, site, any content on the site and the infrastructure used to provide the site are proprietary to KnowEx, KnowEx’s affiliates, and other content providers. By using the site and accepting these Terms and Conditions: (a) KnowEx grants You a limited, personal, nontransferable, nonexclusive, revocable license to use the site pursuant to these Terms and Conditions and to any additional terms and policies set forth by KnowEx; and (b) KnowEx can use all course materials, content and profile information submitted by Advisors and users of the system in the manners it sees fits, to perhaps but not limited to licensing, sell, resell, creating new courses or monetizing the information and content as KnowEx deems appropriate. (c) You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the site without express permission of KnowEx.
To use KnowEx service, You will need to register and obtain an account, Username and password. When you open an account to use or access the site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may only create and hold one account on the site for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. The information You provided to KnowEx during the registration process may be used by KnowEx for other purposes, such as market research, customer service, and network management. You agree that KnowEx may contact You at the email address or other manners provided on your profile for your activities on KnowEx Website. You will be solely responsible for keeping your account information, Username, and password (hereon collectively as your "Account") confidential and for all activities associated with or occurring under your Account. KnowEx will assume that anyone using the application or site or transacting through your account is You. You agree that you are solely responsible for any activity that occurs under your account. KnowEx shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You agree to notify KnowEx any unauthorized use of your Account and any other breach of security and to ensure that You will logout from your Account upon completing using KnowEx Service for each login session. KnowEx cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account before your notifying us of unauthorized access or use of your Account. You may be held liable for any losses incurred by KnowEx, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
You may not transfer your Account to any other person and You may not use Account of anyone else at any time without the permission of the Account holder. In cases where You have authorized or registered another individual, including a minor, to use your or another Account, You understand that is wholly against our policies and that you are fully responsible for the consequences of such use, including the legal responsibilities and the financial losses.
Access to the service of KnowEx is a privilege granted by KnowEx. KnowEx has the sole discretion, at any time and without prior notice, to remove or disable access to any account for any reason. KnowEx also has the sole discretion to permanently revoke anyone’s privilege of using KnowEx service for any reason.
A User can obtain an Account for his own use. The holder of an Account can request Meetings as a Student, offer Meetings as an Advisor. You agree that KnowEx can list You as a Student if You have acted as a Student, list You as an Advisor if You have acted as an Advisor. You also agree that KnowEx have the full discretion to display your activities on your on the KnowEx application and website, including but not limited to the number of Students that You have advised, your earnings from your past Meetings, and the feedbacks and ratings You received from your past Meetings.
While KnowEx uses reasonable efforts to keep the site and your account accessible, the site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
Activities on KnowEx Website
An Account can have two types of meeting activities on KnowEx Website: 1:1 Meetings and Course Meetings.
A User, as a Student, can request a 1:1 Meeting with any Advisor on KnowEx application, and it will be only the Student and Advisor in the meeting. Upon noting what you would like the “Expert” or “Advisor” to cover, the Student requests some dates and times, choosing preferred meeting time, meeting place and format (skype or meeting in person), the meeting request will be forwarded to the Advisor selected by the Student. The Advisor will be given a few days to either accept, reject, or suggest changes to the meeting request. If the Advisor chooses accept the Meeting request, the Advisor will note the amount of time she or he anticipates it will take to cover the questions requested. Based upon the hourly rate of the Advisor and the time required, a price will be set with which the Student will be asked to prepay. Once the Meeting is confirmed by the Student, the Meeting is considered confirmed. The Student and the Advisor will meet at the time and place using a format set forth in the confirmed request for a Price agreed upon in the confirmation.
Once a 1:1 Meeting has been set up between a Student and an Advisor, it will be displayed on the Advisor’s calendar along with the topic and questions covered.
An individual User acting as an Advisor may create Course Meetings. The meeting time, content, duration of the course, number of seats available for the course, format (skype or meeting in person), a list of specific topics or questions to be discussed in the Course Meeting will be determined by the Advisor during the creation of the Course Meeting, provided to KnowEx, and will be displayed on the application of the Course Meeting. The Advisor may require a Student to answer a list of questions provided as a precondition for accepting the Student to the Course Meetings. The copyright to such materials will be governed by the Terms in the section of “Content, Licenses, and Permissions” below.
If there are seats available for an existing Course Meeting, the User requesting such Course Meeting will be registered immediately for such Course Meeting upon completing the required forms and answering the list of questions required by the Advisor. Unlike a 1:1 meeting, additional students may join a course. No confirmation will be required from the Advisor when other students sign up to join the course meeting. KnowEx will notify the Advisor of new registrants.
If after participating in any of the aforementioned meetings, you suspect fraud with regard to a particular User of KnowEx, you agree to notify us at support@KnowEx.com. KnowEx will do its best to evaluate the circumstances and where appropriate, remove the fraudulent accounts.
No Employment, Endorsement or Warranty
As stated above, by using KnowEx Website and Service, You acknowledge that KnowEx does not provide career advice nor does KnowEx endorse or warranty any information or advice given by the Advisors in any meetings facilitated by KnowEx. KnowEx only provides a technology platform for Advisors, Campaign Managers, and Students to meet each other. KnowEx does not employ Advisors nor is KnowEx responsible for any interaction among the Advisors and Students. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Advisors or Students, including, but not limited to, any Student's reliance upon any information provided by an Advisor.
Disclaimer On Content Not Created By KnowEx
KnowEx does not control Submitted Content (as defined in the section of “Content, Licenses, and Permissions” below) posted on KnowEx Website and, therefore, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. As a User, You also understand that by using KnowEx Service You may be exposed to Submitted Content that You may consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from You and no liability for your access or use of any Submitted Content, to the extent permissible under applicable law.
You may be directed to third-party websites ("Third Party"), either directly by KnowEx or through Advisors. KnowEx does not endorse any of these Third Party and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party. You need to take appropriate steps to determine whether accessing the services provided by a Third Party is appropriate and safe.
All interactions on the site must comply with these Terms and Conditions, to the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the site, we may limit or terminate your privileges on the site and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.
The following activities are prohibited on the site and constitute violations of these Terms and Conditions:
Submitting any content to the site that:
Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
Contains personal information, except when we expressly ask you to provide such information;
Contains viruses or malware;
Offers unauthorized downloads of any copyrighted, confidential or private information;
Has the effect of impersonating others;
Contains messages by non-spokesperson employees of KnowEx purporting to speak on behalf of KnowEx or provides confidential information concerning KnowEx;
Is purposely inaccurate, commits fraud or falsifies information or profiles in connection with your KnowEx account or to create multiple KnowEx accounts; or
Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
Attempting to do or actually doing any of the following:
Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
Scanning or monitoring the site for data gathering purposes in an effort to track usage, aggregate offering information, pricing information or similar data;
Scanning or testing the security or configuration of the site or breaching security or authentication measures; or
Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the site.
Using any of the following:
Frames, framing techniques or framing technology to enclose any content included on the site without our express written permission;
Any site content, including without limitation User Content, in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
The site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with KnowEx; or
The site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with KnowEx.
Collecting any of the following:
Content from the site and featuring such content to consumers in any manner that diverts traffic from the site without our express written permission; or
Personal Information or User content.
Engaging in any of the following:
Tampering or interfering with the proper functioning of any part, page or area of the site or any functions or services provided by KnowEx;
Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Accessing, monitoring or copying any content from the site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
Violating the restrictions in any robot exclusion headers on the site or bypassing or circumventing other measures employed to prevent or limit access to the site;
Acting illegally or maliciously against the business interests or reputation of KnowEx, our Users or our services.
KnowEx reserves the right to terminate your use of the service and/or the site. To ensure that the company provides a high quality experience for you and for other Users of the site and the service, you agree that KnowEx or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the site or the Service. KnowEx does not intend to disclose the existence or occurrence of such an investigation unless required by law, but KnowEx reserves the right to terminate your account or your access to the site immediately, with or without notice to you, and without liability to you, if the KnowEx believes that you have violated any of the Terms and Conditions, furnished KnowEx with false or misleading information, or interfered with use of the site or the Service by others.
Obligations by Advisors
By using KnowEx Service as an Advisor (“You”), You expressly agree to the following terms:
By creating a Course Meeting or 1:1 Meeting, You agree to take part in the Meeting at the Meeting time specified and to give advice or provide information in a good faith effort, as accurate as You can, and as relevant to the listed Meeting content as You can.
You acknowledge that your Meetings will be reviewed by your Students in a rating system described below. If the average rating received is below three stars, You agree that KnowEx may request that You forfeit any reward, monetary or otherwise, for that Meeting. In the event that your total average rating drops below a certain level (three stars), KnowEx has the full discretion to suspend your right to offer Meetings in the future and in some cases KnowEx might permanently revoke your privilege to offer any Meeting on KnowEx application and website.
KnowEx has the full right to reproduce, distribute, publicly display, communicate to the public, promote, market, sell and otherwise use and exploit your Profile and content on KnowEx application and website, the amount You have made through KnowEx Service, the number of Students You have helped, and any other activities, courses, content and benefits associated with your use of KnowEx Service.
If You have to cancel any Meeting due to unforeseeable event or emergency, You should make a good faith effort to notify your registered Students as early as You can, and cancel the Meeting.
You are neither an employee nor an agent of KnowEx. You agree that You are not eligible for any KnowEx employment benefits based on your participation in Meetings facilitated by KnowEx and You shall not identify KnowEx as your employer.
As an Advisor, You acknowledge and agree that You are responsible for all meetings that You offer and accept. Accordingly, You represent and warrant that any advice You give and any information You provide (a) will not breach any agreements You have entered into with any third parties, such as your current or former employers, (b) will be in compliance with all applicable laws, e.g. You will not disclose any material non-public information about a publicly traded company, (c) will not conflict with the rights of third parties, e.g. disclose confidential information or trade secret of third parties, and (d) will be true and correct to the best of your knowledge. KnowEx assumes no responsibility for an Advisor’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. KnowEx reserves the right, at any time and without prior notice, to remove or disable access to any Meeting, offered, scheduled or confirmed, for any reason. The only responsibility KnowEx may have is limited to a refund of the price paid on the Meetings that have not yet started.
You will be responsible for all of your Submitted Content. You certify that You own or have the necessary licenses, rights, consents, and permissions to the Submitted Content and that You have the authority to authorize KnowEx, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your Submitted Content on KnowEx Website, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party.
You, not KnowEx, will be solely responsible for all your promises to Students before, during, and after the Meetings. You will be solely responsible for any warranty, expressly given by You or implied, on the advice, information, materials, or Submitted Content on KnowEx Website at any time.
You accurately and truthfully represented your qualifications, credentials, experience, and expertise, including without limitation, education, training, knowledge, and skill sets, in your Profile and the description of your Meetings.
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content on KnowEx Website.
In any meeting, your will not use languages or materials that are inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous.
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation through KnowEx Service.
You will not engage in any activity that will require KnowEx to obtain any licenses from or pay any royalties to any third party, including, but not limited to, the payment of royalties for the public performance of any musical works or sound recordings.
You will not interfere with, dissuade, or prevent other Advisors from giving and offering Meetings and You will not interfere with, dissuade or prevent Students from registering for Meetings of their own choice.
KnowEx has the full right to reproduce, distribute, publicly display, communicate to the public, promote, market and otherwise use and exploit your Profile on KnowEx Website, the number of Meetings You have participated in through KnowEx Service, the earnings You have received as an Advisor, and any other activities and benefits associated with your use of KnowEx Service, including, by way of example not limitation, displaying your profile image and links to your profile in a third party website as someone who helped your Students.
You will not discriminate against Students and reject their request for Meetings based on any factor or reason as prohibited by applicable law; however, you may reject a Meeting request from a Student based on the reviews and ratings the Student has received, the ratings the Student has given to his previous Advisors, or other reasons, to the extent permissible under applicable law.
You are over the age of 18 and You have agreed to these Terms and will assume responsibility and liability for Your performance and compliance hereunder.
Obligations By Students
By using KnowEx Service as a Student (“You”), You expressly agree to the following terms.
You are contracting not with KnowEx, but with the Advisors and with respect to any of the promises made in the offering of Meetings and during the Meetings; the Advisors, not KnowEx, are solely responsible for honoring such promises; and your agreement with KnowEx is limited to using our technology platform and the collection of payments as described in “Financial Terms”.
Before You sign up for a Meeting, You will use reasonable care and due diligence to assess the Meeting with respect to its time, capacity, duration, features, content, and price, and to evaluate the Advisor of the Meeting with respect to his qualifications, credentials, experience, and expertise, and You will be solely responsible if the Meeting did not provide the advice, help, or information sought by You or if You signed up for the wrong Meeting.
You agree that the Advisors, not KnowEx, will be solely responsible for all promises to You before, during, and after the Meetings. You agree that the Advisors, not KnowEx, will be solely responsible for any warranty, expressly given by Advisors or implied, on the advice, information, materials, or Submitted Content on KnowEx Website or in connection with any Meeting or your use of any KnowEx Service.
You may only register for Course Meetings that are still accepting Students; You may only request 1:1 Meetings with Advisors who have made themselves available for such Meetings; and your Meeting request or registration may be rejected by the Meeting Advisors or KnowEx for reasons permissible under applicable law, including not by limitation, the reviews and ratings You have received, or the ratings You have given to your previous Advisors.
You will respond promptly to correspondence from Advisors and KnowEx.
KnowEx reserves the right, at any time and without prior notice, to remove or disable access to any meeting, offered, scheduled or confirmed, for any reason. The only responsibility KnowEx may have is limited to a refund of the price paid on the Meetings that have not yet started.
KnowEx has the full right to reproduce, distribute, publicly display, communicate to the public, promote, market, and otherwise use, for any purpose deemed appropriate by KnowEx, your Success Profile on KnowEx Website, the number of Meetings You have participated in throughout KnowEx Service, the benefits You have received from the Advisors, and any other activities and benefits associated with your use of KnowEx Service, including, by way of example not limitation, displaying your profile image and links to your profile as someone helped by the Advisor on a third party website. You also agree to grant Advisor permission to displaying your profiles and images as the students he/she has helped.
You do not have a right to receive any refund after the Meeting has occurred.
You might be reviewed by the Advisor in a rating system described below; however, You may disable the rating posted by your Advisor so that it is not visible to others.
You may be requested to give a rating for the Advisor of Your most recent Meeting. You may be prevented by KnowEx from registering for or requesting future Meetings until such mandatory post-meeting review has been completed.
You accurately and truthfully represented your qualifications, credentials, experience, and expertise, including without limitation, education, training, knowledge, and skill sets, in your Success Profile and the description of your Meeting Request.
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
In any Meeting, You will not use languages or materials that are inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous.
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation through KnowEx Service.
You will not engage in any activity that will require KnowEx to obtain any licenses from or pay any royalties to any third party, including, but not limited to, the payment of royalties for the public performance of any musical works or sound recordings.
You will not interfere with, dissuade, or prevent other Advisors from giving and offering Meetings and You will not interfere with, dissuade or prevent Students from registering for Meetings of their own choice
You are over the age of 18 or, if not, You are between the ages of 13 and 17 and You have fully complied with our terms in the Parental/Guardian Consent Form (please find it on KnowEx’s website or read it when you register for your account). You certify that a third party parent or legal guardian has agreed to these Terms and will assume responsibility and liability for Your performance and compliance hereunder. You shall not use KnowEx Services if You are under the age of 13.
Referral Program (to be established in the near future)
As a User, by referring your friends to KnowEx application and website to register for an Account and to offer, create and complete Meetings as an Advisor on KnowEx Website, You will receive rewards from the KnowEx “Referral Program”. The Referral Program is an incentive program we offer to encourage our current Users to bring quality Advisors to KnowEx to help our Students in need of advice and help. For each Advisor You refer to KnowEx through a Qualified Referral (defined below), You will receive a share of the revenues from the Meetings completed by the Advisor of your referral (“Referral Reward” as defined in the Financial Terms below). Only Users over 18 can participate in the Referral Program.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualified Referral”): (i) You must log in to your KnowEx Account, create an invitation to your friends by clicking “Invite Friends” link, fill out the required information about your friends, including, by way of example not limitation, their email address, their name and title, and create an invitation by clicking the “Send” or “Invite” button; (ii) your friend must be a new Advisor to KnowEx, i.e. your friend must not have already had an KnowEx account; (iii) your friend who clicks the Account registration link sent to his email must create a KnowEx Account and become a User downloading the application pointed to by the link; and (iv) your friend must participate in Meetings as an Advisor for 1:1 Meetings and/ Course Meetings. You will receive no reward if your friend does not have any 1:1 Meetings or Courses as an Advisor or the revenue from your friend’s meetings is too low (as defined in Financial Terms below). Same Referral Reward apply to all 1:1 Meetings and Courses.
You agree that all the all recipients of your invitation are your personal friends, colleagues, or others that You have been acquainted with and You believe would be a quality Advisor for Students on KnowEx Website. You agree not to take advantage of the Referral Program for yourself to earn more than what You would have been entitled to earn from your activities on KnowEx application as an Advisor, i.e. You expressly agree not to invite yourself or any other Account You have control for the purpose of pocketing the Referral Award. You agree not to publish or distribute the link created by an Invitation, or cause the link to be published or distributed, on or via methods, platforms and media where You have no reasonable basis for believing that all or most of the readers or recipients are suited for such messages.
KnowEx may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. KnowEx will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already received will not be affected by the suspension or termination.
Email Referral Program (to be established in the near future) As a User, by arranging a meeting between a Student and an Advisor (for example through your knowledge of your friend in need of certain advice and your familiarity with Advisors who might be qualified for giving such needed advice), You will receive rewards from the KnowEx “Email Referral Program”. The Email Referral Program is an incentive program we offer to encourage our current Users to introduce quality Advisors to Students in need of advice. For each meeting You set up through an Email Referral (defined below), You will receive a share of the revenue from the meeting you help set up (“Email Referral Reward” as defined in the Financial Terms below). Only Users over 18 can participate in the Referral Program.
In order to receive an Email Referral Reward, each of the following requirements must be met (collectively, a “Qualified Email Referral”): (i) You must log in to your KnowEx Account, create an invitation to the Student and the Advisor by clicking “Set Up Third Party Meeting” link, fill out the required information about the Student and the Advisor; (ii) both Student and Advisor that you are trying to arrange a meeting for must already have an KnowEx account; (iii) the Student and the Advisor must accept the meeting through the links generated by your invitation; and (iv) the meeting you arranged for must have generated enough revenue (as defined in Financial Terms below). You will receive no reward if the Student chooses to directly set up a meeting with the Advisor instead of through your invitational links or the revenue from the meeting you arranged for is too low (as defined in Financial Terms below).
You agree that all the all recipients of your Email Referral invitations are Students that you know to be in need of advice and Advisors you know to be qualified for giving such needed advice. You agree not to abuse the Email Referral Program for your own financial benefits and you specifically agree not to send out any invitations for such arranged meetings where You have no reasonable basis for believing that the Students being invited need the advice or the Advisors being invited is qualified to give such needed advice.
You agree not to take advantage of the Email Referral Program for yourself to earn more than what You would have been entitled to earn from your activities on KnowEx Website as an Advisor, i.e. You expressly agree not to invite yourself or any other Account You have control for the purpose of pocketing the Email Referral Award. You agree not to publish or distribute the link created by an Invitation, or cause the link to be published or distributed, on or via methods, platforms and media where You have no reasonable basis for believing that all or most of the readers or recipients are suited for such messages.
KnowEx may suspend or terminate the Email Referral Program or your participation in the Email Referral Program at any time for any reason. KnowEx will not grant any further Email Referral Rewards after the suspension or termination of the Email Referral Program or your participation in it.
Sharing of “Submitted Content” for Course Meetings
As an Advisor (Following Advisor), You may use the Submitted Content (including, without limitation, the pre-Meeting questions for Students, the table of content, and the list of topics or questions for the Meeting) created by another Advisor (Originating Advisor) for your Course Meetings. You acknowledge and agree that You, the Following Advisor, are Sharing the Submitted Content of the Originating Advisor when You create your Course Meeting by linking to, creating a copy or image of, or editing or altering a copy or image of the Submitted Content of the Originating Advisor. When You use the Submitted Content of the Originating Advisor, You agree to give a portion of your first two-years of earnings from the Course Meetings that benefited from the Submitted Content of the Originating Advisor (as “Sharing Reward”) to the Originating Advisor as specified in the Financial Terms below. You agree that only Course Meetings are eligible for accrual of the Course Sharing Reward. 1:1 Meetings are eligible for such reward.
As an Advisor, You also agree that other Advisors may use your Submitted Content as stated in the previous paragraph. You, as the Originating Advisor, will receive a portion of the first, two-year earnings by the Following Advisor from the Course Meetings that benefited from your Submitted Content (as “Sharing Reward”) as specified in the Financial Terms below. You agree that only Course Meetings and no 1:1 Meetings are eligible for accrual of the Sharing Reward.
Notwithstanding the foregoing, the Sharing of “Submitted Content” can only be established by using the buttons or links provided by KnowEx to link to, create a copy or image of, or edit or alter a copy or image of the Submitted Content of the Originating Advisor. KnowEx cannot and will not validate whether the Submitted Content has been shared if the Submitted Content of the Following Advisor is not created by the mechanisms of Sharing (link or button) provided by KnowEx. Therefore, KnowEx cannot give any Sharing Reward if a Following Advisor, instead of using the buttons or links provided by KnowEx to Share Submitted Content of the Originating Advisor, retype, recreate, copy, or otherwise adopt with changes the Submitted Content of the Originating Advisor by any other means.
Financial Terms and Fee Schedule
Pricing and Payment for Course Meetings with Individual Advisors
When a Course Meeting is created on KnowEx Website, the Advisor is solely responsible for determining the price to be charged for the Course Meeting. The price will be displayed on the webpage of the Course Meeting.
As a Student, by registering for that Course Meeting, You agree to pay the price for the Course Meeting and authorize KnowEx to charge your credit card or Paypal account for the full amount due at the time of registration. If your credit card or Paypal account is declined, You will NOT be able to register and if there is a delay in processing the payment information and your payment is declined later, your registration will be suspended or canceled until the full amount is received by KnowEx from You. You will be responsible for missed registration in case of a late payment.
Pricing and Payment for 1:1 Meetings with Individual Advisors
An Advisor may indicate his availability for 1:1 Meetings and the Price at which he will participate in such Meetings. When a Student requests for meetings of which the Advisor has determined the Price, the Student will be charged for the Price the same way as he would be charged for “Course Meetings with Individual Advisors” described above.
At the time You choose to confirm such meeting between You and the Advisor, You agree to pay the price asked by your Advisor in full and authorize KnowEx to charge your credit card or Paypal account for the full amount due. If your payment is declined, You will NOT be able to confirm the Meeting. If there is a delay in processing your payment and your payment is declined later, your confirmed Meeting will be suspended or canceled until the full amount is received by KnowEx from You. You will be responsible for missed Meeting in case of a late payment.
All transactions with KnowEx will be conducted in US dollars. KnowEx will not be responsible for financial charges imposed on You by your credit card or other payment processing companies as a result of your Dollar-denominated transactions with KnowEx.
Refund and Reschedule
Refund: As a Student, You will NOT receive any refund after the Meeting has occurred or if You cancel your Meeting within twenty-four hours of the scheduled starting time of the Meeting. As a Student, You will receive 80% refund (less processing fees charged by KnowEx) if You cancel your Meeting a week or further out (one hundred-seventy-six hours) before the scheduled starting time of the Meeting; You will receive 50% refund (less processing fees charged by KnowEx) if You cancel the meeting less than 72 hours before the scheduled Meeting time; You will receive no refund (less processing fees charged by KnowEx) if You cancel the meeting less than 24 hours before the scheduled Meeting time. KnowEx will also refund You for cancelation by the Advisor or the Campaign Manager at 100%.
Rescheduling: Rescheduling can only occur with the consent of both the Advisor and the Student. If there is any dispute or disagreement about the rescheduling, the Meeting will be deemed canceled. If a Student has requested for rescheduling but was unable to get consent from the Advisor, the Meeting will be deemed canceled by the Student at the time of request for rescheduling. If an Advisor made the unsuccessful rescheduling request, the Meeting will be deemed canceled by the Advisor. For the cancelation as a result of unsuccessful rescheduling by the Advisor, refund will be processed according to the above mentioned terms.
Payout to Individual Advisors
As an Advisor, upon successful completion of your Individual Activities, You will be awarded the revenue from the Meetings less KnowEx’s service charge, which is the greater of $3 or 20% of the revenue as summarized in the following table. No session may be less than $5.
The award will be reflected in your KnowEx Account in a commercially reasonable amount of time after the Meeting has been completed. The time it takes for the Advisors to receive the award may vary.
Payout in Referral Programs
The Referral Reward You receive will be reflected in your KnowEx Account in a commercially reasonable amount of time after the Qualified Referral has been completed. The amount is 2% from the first day that the profile is entered into the system, any amount earned, and the payment lasts for two years from that date and then stop. The Referral Rewards You accrue will be displayed in your KnowEx Account Transactions page. Referral Rewards can be accrued solely by You and You may not transfer Referral Rewards to other Accounts. There will be no limit on the the number of advisors that a User can earn in a Referral Reward and You are encouraged to invite as many quality New Advisors to KnowEx Service as You can in accordance with the terms set in Referral Program above. You are responsible for keeping track of the Referral Rewards in your KnowEx Account. To be considered a qualified Referral, the individual or the person soliciting the referral must ensure the following information is submitted so that the person may be solicited by potential students. The minimum information to be set up as a Referral to be paid the 2% referral fee is the 2 minute profile, which means the person must input:
First & Last Name
Industry Group & Career Track
Company Name & Title
Career Headline – what she/he does exactly
Email and/or Cell
Questions and areas they feel suitable to answer.
Price per hour (Default is set at $20, with a quarter hour the minimum time)
Accept our Terms & Conditions
If 90% is done but not completed, the person is in the system to be used by the system, but there is no referral fee. There are other fields that can be filled out as well, but they are not mandatory.
The payout schedule for the Referral Program is as follows: (i) during the first calendar year after your friends joined KnowEx Service, KnowEx will receive the greater of $3 or 20% of the Meeting Revenue as fees, You as the Referrer will receive 2% of the revenue and remainder will go to the New Advisor, or 78%; (ii) the accrual of your Referral Reward will end at two calendar years after the New Advisor has joined KnowEx, and Advisor will then make 80%.
If the Meeting revenue is yields $3 to KnowEx (which is the lowest amount due to KnowEx), the Referral feel will get the 2% percentage due based on the overall price. So for example, if the price was $15 for the session, KnowEx wld get $3, the Referrer would get $.30 and the Advisor would earn $11.70. If the session was for $5, KnowEx wld get $3, the Referrer would earn $.10 (02 x $5) and the Advisor would earn $1.90.
Payout for the Email Referral Program
The Email Referral Reward You receive will be reflected in your KnowEx Account in a commercially reasonable amount of time after the Qualified Email Referral has been completed. The Email Referral Rewards You accrue will be displayed in your KnowEx Account Transaction page. Email Referral Rewards can be accrued solely by You and You may not transfer Email Referral Rewards to other Accounts. There will be no limit on the amount that a User can earn in an Email Referral Reward and You are encouraged to arrange for as many meetings as you know there is a need for in accordance with the terms set in Email Referral Program above.
The payout schedule for the Email Referral Program is as follows: KnowEx will receive the either $3 or 20% of the Meeting Revenue as fees, and you will receive 5% of the revenue from Advisor’s percentage of the payment after KnowEx has collected its fees, and remaining 75% will go to the meeting Advisor. If the Advisor sets up a meeting themselves or someone comes through the application and finds the Advisor directly, they receive 80%. The Advisor can turn off the referral program for their profile if they desire but the default is on.
Payout for Sharing Submitted Content (Course Sharing Reward)
The Sharing Reward will only accrue from Course Meetings, NOT 1:1 Meetings. The Sharing Reward You receive will be reflected in your KnowEx Account Transactions in a commercially reasonable amount of time after each time the Course Meetings benefited from the Sharing of Submitted Content have been completed. The Sharing Reward You accrue will be displayed in your KnowEx Account profile page. Sharing Reward can be accrued solely by You. You will be responsible for keeping track of the Sharing Reward in your KnowEx Accounts.
The payout schedule for the Sharing Reward is as follows: If an advisor copies a course created by another advisor (the one who copies such course referred to as the “Following Advisor”), he will pay 5% of each booking of that particular course to creator of that course. The amount comes out of the advisor’s percentage, not out of KnowEx’s 20%. So the advisor who borrowed it will receive 75% and the creator gets 5%.
a. Course Materials Shared: KnowEx will receive the greater of $3 or 20% of the revenue from the Course Meetings completed by the Following Advisor that benefited from the Sharing of the Submitted Content, the Originating Advisor will receive 5% of Meeting revenue, and the Following Advisor will receive the remaining 75%. The Sharing Reward will only accrue for Course Meetings completed in the first and second calendar year by the Following Advisor using the Submitted Content of the Originating Advisor. Content for the use of sharing may only be edited within the first year of use by the Originating Advisor. If you do not wish to participate in this framework, do not put in a course or stop before the first year is up. As stated above, the Sharing Reward will only accrue from Course Meetings, NOT 1:1. This arrangement is summarized in the following table. After two years, the Course Materials and content created by the Creating Advisor will remain in the system for use by future KnowEx students but the Course Creator will have received their full compensation over the first two years and no more compensation for future Advisors who become Following Advisors and use the course will be provided. Those who use the course after two years will receive 75% of the compensation and KnowEx will become 25% of the compensation.
You recognize that all Courses and Questions created by you in the KnowEx system, after two years from date of creation, these questions and content become the full property, IP and asset of KnowEx to keep, sell and maintain as KnowEx sees fit, with no monetary compensation to you. They are co-owned property with the creator may use or monetize these pieces as they see as well.
Limits on Payout received by all Users involved in a Meeting.
Notwithstanding the foregoing, in the event of dispute, omission, ambiguity, or any inconsistency of the foregoing terms with this paragraph, the payout to a participant of a Meeting shall be capped at 80% of Meeting revenue.
Remittance of Earnings
The balance in a User Account will be remitted to the User upon his/her request through either a Paypal transaction or bank wire. The User will receive the balance less the transaction fees charged by Paypal or the bank for the money transferring service.
Freezes on Payments in the Case of Fraud
In the case where KnowEx is notified by a User, within twenty-four hours of the Meeting, of possible fraud by an Advisor, KnowEx reserves the right to put a freeze on payment to the potential fraudulent Advisor.
ALL PERCENTAGES, COST ALLOCATIONS AND TIME FRAMES SUBJECT TO CHANGE
As KnowEx attempts to optimize it’s business, many of the terms, percentages, time frames and cost allocations in this agreement are subject to change. Users of the platform are encouraged to check this document frequently and updated versions will be recognized by date on top of document. KnowEx will do it’s best to keep users informed of changes.
Taxes and Social Security Number
You are responsible for remitting the taxes to the appropriate taxing authority (which may be different according to the tax authority in your own location, the location of the Meeting, or the Location of the monetary transactions). KnowEx is unable to provide You with tax advice and You should consult your own tax Advisor.
Notwithstanding the foregoing, KnowEx may notify IRS or other tax authorities of your earnings in compliance with local, state, and federal laws and regulations. Tax regulations may require us to collect appropriate tax information from You, or to withhold taxes from payouts to You. Consequently, KnowEx may request You to fill out certain tax forms, reporting forms, or other information-collecting forms. You are solely responsible for keeping the information in these forms current, complete, and accurate. If You fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. Specifically, if your total earnings in a calendar year is $500 or more, KnowEx will need your social security number to remit your earnings to You and KnowEx will report your income on a IRS 1099 form.
Content, Licenses, and Permissions
Everything on KnowEx platform is “Content”, which includes, by way of example not limitation, all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials. If the Content is provided to You by and originated from KnowEx, including, without limitation, the Software and the KnowEx Website, it is “KnowEx Content" and proprietary property of KnowEx. Any Content uploaded, transmitted or posted to the KnowEx platform by a User is "Submitted Content." As a User supplying Submitted Content, You represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms and all that are necessary for KnowEx to use and exploit your Submitted Content, and KnowEx shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submitted Content as authorized in these Terms, or have any liability to You or any other party as a result of any use or exploitation of your Submitted Content as authorized in these Terms.
You hereby grant KnowEx a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on KnowEx Website and in any other activities KnowEx may engage in, and sublicense it to Advisors and Users for these purposes directly or through third parties. You have the right to remove all or any portion of your Submitted Content at any time. Removal of your Submitted Content will not terminate the foregoing license and rights. You agree that, after such removal, any rights given to any User by You prior to the time of removal will continue in accordance with the terms granted to such Users and KnowEx have the full discretion to continue to use and exploit the Submitted Content in accordance with the Terms by using copies of the Submitted Content in KnowEx’s possession.
KnowEx hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and KnowEx Content solely for your personal, non-commercial, educational purposes through KnowEx, in accordance with these Terms and any extra conditions or restrictions associated with particular Meetings. All other uses are expressly prohibited absent KnowEx’s express written consent, unless such uses involve only your own Submitted Content. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or KnowEx Content for purposes not connected to your use of KnowEx Service unless KnowEx give You explicit permission to do so or unless such uses involve only your own Submitted Content.
As a Student, You agree that your access, right, and license to the all Content during your Meetings with Advisors that are not Submitted Content are to be negotiated between You and your Advisors. Notwithstanding the foregoing, unless otherwise stipulated between the Advisor and Students, the Advisor agree to grant Students of the Meetings a limited, non-exclusive, non-transferable license to Content used in the Meetings that is not Submitted Content.
You (as a User of KnowEx Service) agree that KnowEx may record, store, or copy the Content for the purpose of data backup and delivering, marketing, promoting, demonstrating or operating KnowEx. You hereby grant KnowEx the permission to use any Content connected to You, including, by way of example not limitation, your name, likeness, image or voice, your Submitted Content, your past activities, your past earnings through KnowEx Service, and your reviews and ratings, in connection with offering, delivering, marketing, promoting, demonstrating, and selling KnowEx, KnowEx services, Meetings, KnowEx Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
KnowEx will backup the Content from time to time at KnowEx’s discretion. You agree that KnowEx does not warrant timely backup of any Content, including Submitted Content. You are solely responsible for the safety of the Content that You have rights to in accordance with the Terms and for any loss of such Content. KnowEx disclaim any loss resulted from data failure.
Marketing: Each Advisor or Campaign Manager is responsible for marketing their own services and platform as they see appropriate. KnowEx has the right to market Advisors to other prospective partners, to assist in pushing it’s business forward. So it is understood that KnowEx can market and share some of these profiles of advisors as needed, but will always be respectful of protecting each individual platform.
Copyright Policies and Trademark
KnowEx respect all copyright, privacy, and any laws and regulations relating to content and information. Any violation of such laws will not be tolerated. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copryright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Notwithstanding the foregoing, KnowEx does not screen and it is impractical for KnowEx to screen the Submitted Content. KnowEx does not represent or warrant that Submitted Content is free of violation of any copyright, privacy, or other laws. If You believe that Submitted Content of Yours violates any law or violate the right of or poses any risk whatsoever to a third party, it is your responsibility to take necessary steps to correct the situation. If You believe that any Submitted Content or any KnowEx Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to KnowEx at the contact information listed at the end of this document. Please clearly indicate in the subject line that You are reporting a copyright violation.
Advisors and Campaign Managers will receive no reward if the Meetings offered by the Advisor used copyrighted materials without permission or license.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like KnowEx, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, please read KnowEx’s Copyright Dispute Policy. To learn more about the DMCA, please read it at: http://www.copyright.gov/legislation/dmca.pdf.
After the conclusion of each Meeting, Students and Advisors will be asked to rate each other by leaving feedback and giving the other party a rating between one to five star, with five star reflecting the most pleasant experience. All Users of KnowEx Service agree to the following terms.
The rating of Advisors by Students will be mandatory and Students will not be able to engage in any further activity until they have completed the ratings of previous Meetings they participated as Students. The ratings of Students by Advisors are optional and Students have full discretion to make such ratings invisible to other Users.
All Users agree to give ratings and leave comments that are fair, based in fact, truthfully reflect their actual experience before, during, and after the Meeting, and relate to the specific Meetings for which they are giving the feedback and rating.
Ratings and feedback comments by Students on an Advisor become a permanent part of the Advisor’s record. Advisors will not be able to delete, disable, or otherwise alter the Ratings and feedbacks given to them. Students agree to contact the Advisor to resolve any potential dispute before leaving a negative comments or ratings below three star to the Advisor.
Students will be able to disable ratings and feedback from the Advisors so that such ratings from Advisors become invisible to other Users.
Private feedback from Advisors to Students and from Students to Advisors are encouraged. Such private feedback will not be visible to other Users and will not be included in the calculation of the average rating of either the Students or the Advisors.
All The Star Ratings received by an Advisor will be averaged and displayed on the Profile of the Advisor. This average rating, all the individual ratings, and all the feedback comments received by an Advisor will be displayed on the Profile of the Advisor and be accessible to all Users of KnowEx Service.
All The Ratings that a Student received will be averaged and displayed on the Success Profile of the Student. This average rating, all the individual ratings, and all the feedback comments received by a Student will be displayed on the Profile of the Student and be accessible to all Users of KnowEx Service.
Any Advisor can reject a Student’s request for Meeting based on the ratings the Student have received or the ratings that the Student have given to said Advisor or any other Advisor.
All Users agree not to manipulate the ratings on KnowEx Website in any way or to engage in any activity that will inflate, depress, or otherwise distort the ratings of any Account on KnowEx Website.
KnowEx only provide a platform for ratings and feedback between the Students and Advisors. KnowEx will take no part in the ratings and feedback displayed on KnowEx and cannot warrant the accuracy, the suitability, or the usefulness of such ratings. Users rely on ratings and feedback at their own risk.
KnowEx cannot and will not resolve any dispute in ratings and feedback. Advisors and Students are encouraged to contact each other before and after the rating to resolve their dispute.
Neither knowex nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the services (including, without limitation any advice, information, or other help provided by an advisor on knowex website or in a meeting facilitated by knowex), and knowex will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the knowex service. Knowex (and its licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the knowex services. The services and content are provided by knowex (and its licensors and suppliers) on an “as-is” basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall knowex (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (I) $100 or (ii) the amounts paid by you to knowex in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
When you use the application and website, you are communicating with us electronically and consent to receive electronic communications related to your use of the webite. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that are provided to you eletroically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the website or from which you otherwise email us.
You 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 KnowEx Services (collectively, "Disputes") will be settled by binding arbitration between You and KnowEx. You acknowledge and agree that You and KnowEx are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both You and KnowEx otherwise agree in writing, 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.
ARBITRATION RULES AND GOVERNING LAW.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
KnowEx may change this "Dispute Resolution" section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), your continued use of KnowEx constitute your agreement to the modified term unless You explicitly reject such modification as specified as follows. You may reject any such change by providing KnowEx written notice of such rejection by mail or by email to KnowEx (using the contact information listed at the end of this document) within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, You are agreeing that You will arbitrate any Dispute between You and KnowEx in accordance with the provisions of this "Dispute Resolution" section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
As a User, You shall release, indemnify, defend and hold KnowEx and its members, managers, employees, representatives, agents and affiliates harmless from and against any and all claims, liabilities, losses, damages, suits, judgments, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) any violation to this Terms and Conditions by You; (b) your access to, your activities through, or your use of the KnowEx Service and Website; (c) your Submitted Content; (d) your interaction with any other User; (e) any promise, advice, representation, assertion, presentation, any information you provided to other User, or warranty of anything by you, express or implied, in your use of KnowEx Service, Application or Website.
CHOICE OF LAW.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to KnowEx following the instructions in the Copyright section of this documents.
ASSIGNMENT AND OTHER RIGHTS
You may not assign these Terms without KnowEx's prior written approval. KnowEx may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of KnowEx's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, KnowEx or any Third Party Provider as a result of this Agreement or use of the Services. 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. KnowEx's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KnowEx in writing.
How To Contact Us
If you have questions or comments about the Terms and Conditions, please contact us online or by physical mail at:
KnowEx LLC Attn: Terms and Conditions