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.
*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.
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
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.
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.
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."
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. Â§ 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.
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.
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.
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.