Terms of Service (“Terms”)
Terms of Service (“Terms”)
Last updated: February 27, 2024
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the KNOWME Jobs mobile application, the KNOWME website, and affiliated websites operated by third-party hiring managers (together, or individually, the “Service”) operated by KNOWME, Inc. (“KNOWME”, “us”, “we”, or “our”).
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH KNOWME. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors and users who wish to access or use the Service.
How the KNOWME Service Works
KNOWME is a video-first job discovery and introduction platform. Job seekers create and upload a Video Vibe Check™, which is a short (typically 30 - 60 seconds) video, introducing oneself onto the platform and your desired jobs. Job seekers may also provide a resume, personal information, responses to personality questions asked by KNOWME, or allow KNOWME to collect personal or job information publicly available on the job seekers’ LinkedIn profile or social media accounts.
Hiring managers on their own behalf and on behalf of their employer (collectively, “Employers”) may also create and upload a Video Vibe Check™ video on topics such as the company, the position, desired job candidate traits, or the “day in the life” of a prospective job seeker. Prospective hiring managers may review and select one or more Video Vibe Check™ videos posted on the KNOWME platform. A prospective employer may purchase KNOWME credits that are redeemed to reveal the contact information of a job seeker for the selected Video Vibe Check video. The hiring manager may then directly reach out to the prospective job seeker about a prospective job.
If you register or use an affiliate website operated by hiring managers who have partnered with KNOWME, you hereby grant KNOWME permission to collect your resume, Video Vibe CheckTM, short video and any other personal or job-related information (collectively, “Candidate Information”). Our Candidate Information will be shared with the companies (potential employers) that you have expressed interest in. It will not be used for any other purpose unless you provide consent to such new use. Your Candidate Information will also be uploaded and saved by KNOWME so it will be available when you download and use the KNOWME app. In the event you do not download the KNOWME app and set up your account within six (6) months, your Candidate Information will be deleted.
KNOWME does not conduct background checks regarding any job seeker or prospective hiring manager or Employer and our internal verification process is limited. KNOWME is not a broker, agent, insurer, guarantor, or endorser of any job seeker or prospective employer. KNOWME makes no representations, warranties or guarantees regarding any content or information provided by a job seeker, including, without limitation, the identity, age, or qualifications of any job seeker. KNOWME makes no representations, warranties or guarantees regarding any content or information provided by a prospective hiring manager or employer. By using the Service, you agree to accept all risks of transacting with, to provide and/or receive information, advice, or assistance from KNOWME. KNOWME and its officers, directors, agents, subsidiaries, joint ventures, employees, suppliers, licensors and representatives (collectively, KNOWME’s “Affiliates”) are not responsible for any acts or omissions of any user on the Service.
KNOWME DOES NOT GUARANTEE THE VALIDITY OF ANY JOB OFFER AND JOB SEEKERS SHOULD VERIFY THE VALIDITY OF THE HIRING MANAGER AND/OR EMPLOYER AND THE JOB OFFER BEFORE ACCEPTING SUCH JOB OFFER OR TERMINATING THEIR CURRENT EMPLOYMENT.
App End User License Agreement
Subject to these Terms, we grant you a limited, non-exclusive, and nontransferable license (the “License”) to download, install and use the Service for your personal use on a single device owned or otherwise controlled by You (“Mobile Device”) strictly in accordance with the Terms.
You shall not (a) copy the Service, except as expressly permitted by the License; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Service; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service, including any copy thereof; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time.
You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Terms of Service. We and our licensors and service providers reserve and shall retain our entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
For Job Seekers. When you create an account with us, you guarantee that you are at least 13 years old and the information you provide us is accurate, complete, and current at all times.
For Employers. If you are creating an account on behalf of an entity, you represent and warrant that: (i) you have full legal authority to bind the entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the entity, to these Terms.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your mobile device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time for any period.
Fees and Payments
There is no fee for any prospective job seeker signing up for the KNOWME Service.
An employer is required to establish a KNOWME account. The employer agrees to pay the fees for the Services in accordance with the applicable fee schedules as indicated on your original invoice at the time of purchase. For current pricing, see www.knowmebest.com/pricing. Any payments will be operated and serviced by Stripe.
KNOWME reserves the right to change the fees for its Services from time to time. In addition to changing the fee schedule on applicable fee schedules listed at www.knowmebest.com/pricing. Employers will be notified of any change to existing fees at least thirty (30) days before the fee change goes into effect. If the fee change is not acceptable, you may cancel the Services as provided herein prior to the stated effective date when such fee change takes effect. Your continued use of the Services beyond this date, however, constitutes your agreement to those changes.
Each employer represents and warrants that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of this Agreement and may result in termination of your ability to use the Service. If determined to be necessary by KNOWME, KNOWME may also: (a) request additional information from you prior to accepting an order, (b) verify information prior to processing any order, or (c) refuse or cancel an order for any reason including inaccuracies, or errors in services or pricing information, or problems identified by us related to credit or fraud. KNOWME may also request a pre-authorization for some orders placed online with a credit or debit card in the event KNOWME determines it necessary to confirm the card details are still valid and that you have sufficient funds to complete the transaction. Such pre-authorized amount should not be billed to you but may be subject to your card issuer holding this amount for a short period. Your card issuer determines the length of time the pre-authorization is held.
Collection and Use of Information
You acknowledge that when you download, install, or use the Service, we may use automatic means to collect information about your mobile device and about your use of the Service.
You will need to register for an account and may need to use your credentials from a third party social media platform (e.g., LinkedIn), to access some or all of our Service.
In the event your Video Vibe Check™ video is used by KNOWME for its marketing and promotional activities, you authorize KNOWME, KNOWME’s agents, successors, assigns, licensees, and designees to use my name, likeness, image, voice, testimony, and interview as provided in your Video Vibe Check™ video to perform, distribute, edit, and create derivative works of the Video Vibe Check™ video as KNOWME may desire, and incorporate such Video Vibe Check™ video into its marketing and public relations materials or for any other lawful purpose
You agree that you will make no monetary or other claim against KNOWME or any of their licensees for the use of, or otherwise in relation to, your Video Vibe Check™ video. You waive the right of prior approval for the use of your Video Vibe Check™ video. You hereby release KNOWME, and their respective assigns, licensees, and successors from all claims that may arise regarding the use of the Video Vibe Check™ video including, but not limited to, any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright.
You agree to defend, indemnify and hold harmless KNOWME, Inc. and its licensee and licensors, and their employees, contractors, agents, affiliates, successors, assigns, and officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use or misuse and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content or posted or made available on the Service.
Employer agrees to defend, indemnify and hold harmless KNOWME, Inc. and its licensee and licensors, and their employees, contractors, agents, affiliates, successors, assigns, and officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs or debt, and expenses (including but not limited to attorney's fees) in connection with Employer Content or Employer’s misuse of any Service, including without limitation, the breach, negligence, willful misconduct, violation of law or third party rights, or other act or omission of Employer. Employer may not settle any third-party claim, suit, action, or proceeding against KNOWME unless KNOWME consents to such settlement. KNOWME will have the right, at its option, to defend itself against any such proceeding or to participate in the defense thereof by counsel of its own choice
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Employer is solely and exclusively responsible for its (including its authorized users’) use of the Service, including but not limited to, job descriptions, job information, Video Vibe CheckTM videos created by any hiring manager, or any content that is submitted, provided, shared, uploaded, posted, or otherwise transmitted through or on the Service (collectively, “Employer Content”). Employer must ensure that its use of the Services complies with all applicable laws and third party rights, including but not limited to, those relating to privacy, data protection, consumer protection, intellectual property, network or carrier rules, etc.
Employer is solely responsible for properly safeguarding and ensuring the safety and security of its premises, processes, intellectual property, assets, or systems, in each case, in compliance with law (including the Occupational Safety and Health Act and comparable state laws and regulations thereunder) and third-party rights. Employer agrees to promptly notify KNOWME of any employment-related legal claim, injury, or incident affecting any prospective job candidate (“Candidate”) and enable KNOWME to reasonably inform applicable authorities or third parties.
Employer affirms and agrees that it is an equal employment opportunity employer in full compliance with any and all applicable anti-discrimination laws, rules, and regulations. Employer agrees not to harass, discriminate against, or retaliate against any Candidate based on race, national origin, age, sex, religion, disability, marital status, or other category protected by law; nor shall Employer cause or request KNOWME to engage in such discrimination, harassment, or retaliation. In the event of any complaint of unlawful discrimination, harassment, or retaliation by any Candidate, Employer agrees to fully cooperate in the prompt investigation and resolution of such complaint.
User Code of Conduct
You are solely responsible for and assume all liability for any information and content you provide or otherwise make available on the Service including, but not limited to, text, video and images provided in your profile and in your communications with other users.
When you are creating your video, you will not disclose your contact information such as, but not limited to, your full name, phone number, email address, or social media accounts on your profile.
In connection with using or accessing our Service you will not:
Post, list, or upload content that that is inappropriate as solely determined by KNOWME;
Use our Service if you are under 18 years old, or are temporarily or indefinitely suspended from using our Service;
Set up or establish an account for another user or transfer your account to another user;
To impersonate or attempt to impersonate KNOWME, a KNOWME employee, another user, or any other person or entity;
Breach or circumvent any laws, regulations, third-party rights or our systems, Service, policies, or determinations of your account status;
Use our Service for the purpose of exploiting, harming, or attempting to exploit or harm any other individuals in anyway by expositing them to inappropriate content, asking for personally identifiable information, or otherwise;
Distribute viruses or any other technologies that may harm the interests or property of users;
Harvest or otherwise collect information about any users without their consent or the consent of KNOWME;
Circumvent or attempt to circumvent any technical measures used to provide our Service; or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm other users of the Service.
If we believe you are abusing our Service in any way, listed on any federal or state law enforcement watch list or, in violation of any applicable law, rules, terms and conditions, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account and access to our Service, delay or removed hosted content, remove, not display, and/or take technical and/or legal steps to prevent you from using our Service. We may also take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Service to anyone for any reason at our discretion.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Service. YOU WAIVE AND HOLD HARMLESS KNOWME AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
While we are not obligated to review all profiles, monitor audio or video communications on the Service, nor conduct any background checks on users, we reserve the right to do so and take any actions (like modifying or removing content or disabling access to any part of the Service at any time) if we determine that there is any objectionable conduct or content, or violations of these Terms. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Our Service allows you to post, link, store, share and otherwise make available your Content. You are responsible for the Content that you submit on or through the Service, including its legality, reliability, and appropriateness.
By submitting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting or sharing of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright, contract rights, or any other third-party rights.
You retain any and all of your rights to any Content you submit, share, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by submitting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service or on third party platforms. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
KNOWME has the right but not the obligation to monitor and edit all Content provided by users.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of KNOWME and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KNOWME.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or Mobile Device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from the Service.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
All comments, feedback, and suggestions (collectively, “Feedback”) submitted to KNOWME through, in association with or in regard to the Service shall be considered non-confidential and KNOWME’s property. By providing such Feedback to KNOWME, you agree to assign to KNOWME, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Feedback. You represent that you have the right to grant KNOWME these rights. KNOWME shall be free to use and/or disseminate such Feedback on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Feedback that you provide, and that you, not KNOWME, have full responsibility for the Feedback, including their legality, reliability, appropriateness, originality and copyright.
Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify our designated copyright agent at:
Know Me, Inc.
Attn: Copyright Agent
2505 Anthem Village Drive, Suite E-522
Henderson, NV 89052
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon..
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
KNOWME does not accept Submissions from persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides (“Child” or “Children”). Furthermore, KNOWME does not accept any user who is a Child. You are ineligible to use this Service if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of any materials heretofore, their parent or legal guardian hereby grants KNOWME all rights to utilize the copyright and name, image, or likeness embodied therein as further enumerated in these Terms.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us via email at email@example.com.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation Of Liability
Employer acknowledges that KNOWME is not liable for any errors or omissions in the Employer Content and agrees that KNOWME has no duty or obligation to screen, filter, regulate, or update any Employer Content. KNOWME is not responsible in any way for any matter in connection with Employer’s interactions with third parties, including other users, websites or services not owned or controlled by KNOWME, even though the Services may allow such interactions and/or provide links or connections thereto. Any exchange of data or other interaction between Employer and a job candidate or third party is solely between Employer and such job candidate or third party. KNOWME has no control over, and assumes no responsibility for, and KNOWME shall not be responsible or liable for any loss or damage of any sort incurred as the result of Employer’s dealings with any third party through Employer’s use of the Services (including, without limitation, any downgrade or penalty on Employer’s rating with carriers). If there is a legal action with respect to, or a dispute between, Employer and third parties or any governmental authority, Employer agrees that KNOWME is under no obligation to become involved, and Employer releases KNOWME, 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 related to such actions or disputes.
In no event shall KNOWME nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any users on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Our aggregate liability arising out of or relating to these Terms will not exceed the amount you have paid us, in transaction fees through the Service, in the previous two (2) months in question.
You understand that we provide the platform for job seekers to find employment opportunities. We cannot and do not make any representations, warranties, or guarantees regarding the job qualifications of candidates, availability of job opportunities, veracity or financial health of an employer, or conduct of any users.
Your use of the Service is at your sole risk. You must exercise caution and judgment should you participate in the Service.
KNOWME, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL DUE TO YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE.
YOUR USE OF THE SERVICE AND ITS CONTENT IS AT YOUR OWN RISK. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KNOWME NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE KNOWME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Nevada without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Any arbitration under these Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and KNOWME are each waiving the right to trial by jury or to participate in a class action or class arbitration. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
The Content and Service are based in the state of Nevada in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Service outside of the United States and that access thereto may not be legal by certain persons or in certain countries. You may not use or access the Service if you are located outside the United States.
Waiver and Severability
No waiver by KNOWME of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KNOWME to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about this Terms of Service, please contact us via email at firstname.lastname@example.org.