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Knoji Terms of Use

Knoji ("Knoji," "Our," "We," or "Us") provides online referral services, information resources, forums, reviews, ratings, and email services ("Services") through our website located at http://knoji.com (the "Website") in connection with a variety of service providers and professionals (collectively, the "Service Providers"). Our Services provide to you, the user ("User" or "You"), with the opportunity to contact Service Providers, solicit quotes, ask questions, and evaluate the opinions of other users who have used a Service Provider. You can also provide Your own reviews on the Service Providers You use. In order to use the Service, You must read and accept all of the terms and conditions in contained in these Terms of Service (this "Agreement").

We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms and conditions of this Agreement at any time. Any such modifications shall become effective immediately upon the posting thereof. It Your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications.

BY ACCEPTING THE TERMS OF THIS AGREEMENT OR USING ANY ASPECT OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

  1. Services. Knoji provides referral services, information resources, forums, user reviews, user ratings, and email services to facilitate the provision of services by Service Providers to Our users. After using the services of a Service Provider, You have the option of submitting Your own reviews and ratings based on your actual experience with the services provided to You.
  2. Account Registration. As a condition of Your use of certain Services that require registration, You must register with Us. You must provide Your true and accurate information at all times. You must also maintain information on your account to ensure that it is current.
  3. Minimum Age If you are under the age of eighteen (18), You are prohibited from using or registering for Services.
  4. Privacy Policy. Our Privacy Policy is located at http://knoji.com/pages/privacy.php. By accepting this Agreement, you accept the terms of the Privacy policy
  5. *Services are currently free of charge, but subject to change and charge at Knoji discretion. You will no longer have access to paid aspects of services unless applicable fees are paid.

  6. Account Security. You will be instructed to choose a username and password when registering for an account. Your username and password may only be used by You. You are solely responsible for maintaining and protecting the confidentiality of Your username and password, and are fully responsible for all activities that occur thereunder. We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others will be permanently suspended.
  7. Limited License to Website. By agreeing to the terms and conditions of this Agreement, Knoji grants You a limited license to access and use Website content and the Services for Your personal use only. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any Website content without the express written consent of Knoji.
  8. Submission of Content. In order for You to submit Content for publication on the Website, You acknowledge and agree that:

    (a) all of Your content will be your own work and all copyrights to such content will be owned by you

    (b) all of Your content will be accurate and based on facts and research referenced within your content

    (c) all of your content will be submitted according to the Knoji publishing guidelines

  9. License to Content. We do not claim ownership of the Content you submit to us. However, by submitting Content to Knoji, you are granting us the right to display your content on our Website. You may request that we remove your Content from our Website after such Content has been published, and in certain cases we will remove your Content as requested. However, you must provide a reasonable reason for removal of Content published on Knoji, in particular Content for which you have already been paid a non-refundable an upfront royalty.
  10. Publication and Distribution of Content. Knoji does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Services. You acknowledge that We simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content ("Service Provider Content"). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You acknowledge that We do not control, and are not responsible for Content or Service Provider Content made available through the Services, and that by using the Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must bear all risks associated with, the use of any Content and Service Provider Content.

    You further acknowledge that We have no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any of Our users or any Service Provider. However, We do reserve the right to review and delete any Content that, in Our sole judgment, violates the terms and conditions of this Agreement. By using the Services, You agree that it is solely your responsibility to evaluate any risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will We be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Us relating to Content or Service Provider Content, and release Us from any and all liability for or relating to any Content or Service Provider Content.

  11. Service Providers. Knoji does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers. You agree that should You use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), We are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Any and all dealings are between You and such Service Provider exclusively and do not involve Us to any extent whatsoever. It is your responsibility to investigate and Service Provider before hiring or engaging Service Providers.

    You agree that We are not responsible for the accessibility or unavailability of any Service Provider or for Your interactions and dealings with them, waive the right to bring or assert any claim against Us in connection with any dealings with any Service Provider, and release Us from any and all liability for or relating to any interactions or dealings with Service Providers.

  12. Third Party Content and Websites. Our Website and content available through the Services may contain features and functionalities that may link You or provide You with access to third party content which is completely independent of Knoji, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

    In consideration for Knoji granting you access to and use of the Services, you agree that Knoji and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You further agree that We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that We are under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Knoji, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Services. If you are a California resident, you 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."

  13. Medical Advice; Use of Advice. All content contained in Our Website ("Website Content") are for informational purposes only. Reliance on any Website Content is solely at Your risk. Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment and it is Your sole responsibility to consult with a medical professional with any questions You may have regarding a medical condition. Call 911 if You have a medical emergency. Any information You post on the Website is at Your risk and will be in the public domain. We are not liable for any Service Provider Content.
  14. User Conduct. You represent and warrant that You:

    (a) are above the age of eighteen (18);

    (b) will be in compliance with this Agreement and any other posted user conduct policies posted by Us;
    (c) will be in compliance with all laws and regulation of the jurisdiction You are in;
    (d) will not post Content or engage in any activity while accessing the Services (and acknowledge that We have sole and absolute discretion on what We consider to be) that is unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable content, and that any such content will be subject to removal and may result in suspension of Your account;
    (e) will not submit reviews that comment on other users or the reviews of other users;
    (f) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Us, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
    (g) will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website. Further, You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.;
    (h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
    (i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    (j) will not take any action that would undermine the review and rating process under the Services;
    (k) will not attempt to gain unauthorized access to the Services, other user accounts, or other computer systems or networks connected to the Services;
    (l) will not use the Services in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
    (m) will not use the Services in any way that could interfere with Our rights or the rights of other users of the Services;
    (n) have rights in and to all Content that You provide, transmit or otherwise convey to Us in connection with the Services;
    (o) agree not to re-sell or assign Your rights or obligations under this Agreement, including Your Account;
    (p) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
    (q) may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.(r) may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the Twitter Rules is cause for permanent suspension of all accounts.
    (r) may not engage in name squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Determining whether conduct is considered name squatting is at Our sole and absolute discretion.
    (s) may not use any aspect of the Services, including any communications features available through the Services to send repeat, mass invitations
    (t) may not send unsolicited email advertisements to Our users or through Our servers or computer network. Any unauthorized use of Our servers or computer network is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

    We retain the right, in Our sole discretion, to determine whether or not Your use of the Services is consistent with the terms and conditions of this Agreement. We may suspend, restrict or terminate Your use of the Services and to refuse any future use of all or portions of the Services if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, We may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

  15. Disclosure of Information. Unless We explicitly state in writing, all information You provide to Us, including Your registration information, Content, and any other information provided to us or any other users or Service Providers is available to our employees and third parties with whom we contract for use to handle Your account. In addition, We may provide non-personally identifiable information about You to advertisers, Service Providers and other third parties. You agree that We may make such uses of information as provided for herein.

    You further agree that We may access, preserve and disclose Your account information, any information provided by You to Us, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, We believe that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or safety of Our users and/or the public.

    You hereby consent to the transfer of Your information to a third party in the event Knoji is acquired (or acquires another company) as long as such information is used for any of the purposes allowed under this Agreement.

  16. Term and Termination. If We deem it necessary, in our sole discretion, We may immediately terminate this Agreement, Your account and Your access to the Services. If We merely terminate Your account for convenience and You are not in breach of this Agreement, We will refund Your prepaid and unused Fees, if any. Termination of Your account will include removal of Your access to all Services, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
  17. Modification, Limitation and Discontinuance of Service. Knoji reserves the right at any time to limit access to, modify, change or discontinue any aspect of the Services with or without notice to You. In no event will We be liable to You for any such modification, suspension or discontinuance of Services. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You agree that We will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of Services. You agree that We may establish general practices, policies and limits, which may or may not be published, concerning the use of Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access Services in a given period of time. You agree that We have no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through any aspect of the Services. You agree that We have the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
  18. Delays. Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.
  19. Copyrighted Materials. You acknowledge and agree that all Content and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the "Copyright Materials") are the property of Knoji, and such Copyright Materials are the exclusive property of Knoji and are protected by all United States and international copyright laws.
  20. Warranty Disclaimer. ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Knoji ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICES. Knoji EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL MEET YOUR REQUIREMENTS, (B) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICES AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
  21. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Knoji WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Knoji HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE ANY ASPECT OF THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY Knoji OR OUR FAILURE TO PROVIDE THE SERVICES UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

    TO THE EXTENT Knoji IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, OUR LIABILITY FOR DAMAGES WILL NOT EXCEED TEN DOLLARS ($10.00).. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Knoji CONTRACTS WITH THIRD PARTIES TO PROCESS YOUR PAYMENT OF FEES THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR Knoji, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS PARAGRAPH) SUFFERED BY YOU AS A RESULT OF OUR FAILURE TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY US. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF Knoji TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY US. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS PARAGRAPH. YOU HEREBY UNDERSTAND AND AGREE THAT Knoji WILL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

  22. Indemnification. You agree to indemnify, defend and hold harmless Knoji, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the Content or other information provided by You to Knoji or that You submit, transmit or otherwise make available through the Services; (c) Your use of the Services; or (d) any violation of any rights of another or harm You may have caused to another. Knoji will have sole control of the defense of any such damage or claim.
  23. Notice. You agree that Knoji may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Knoji will be provided by either sending: (i) an email to support@talkt2pros.com; or (ii) a letter, first class certified mail, to 148 Townsend St #9 San Francisco, CA 94107, Attn: Customer Support. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
  24. Entire Agreement. This Agreement governs Your use of the Services and constitutes the entire agreement between You and Knoji. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Knoji regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Knoji under this Agreement.
  25. Governing Law. This Agreement and the relationship between You and Knoji will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in the Northern District of California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Knoji may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
  26. Survival. In the event Your account with Knoji is terminated or lapses or You are no longer a user of Knoji, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 9, 12,15, 19, and 20 through 27.
  27. Miscellaneous. This Agreement may not be assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Knoji's rights if Knoji fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Knoji agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Knoji as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE ANY ASPECT OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.