Last Updated: 12/06/2016
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE AND SERVICES
These terms of use (“Terms”) and the Privacy Policy govern your access and use of the K-Notices, LLC (“K-Notices”, “we”, “our” or “us”) website (“Site”) and services offered through the Site (“Services”). Your use of the Site and Services is subject to these Terms and the Privacy Policy.
We may make changes to these Terms from time to time without notice to you. When we do, we will revise the last updated date given above. It is your responsibility to review these Terms periodically. The current version of these Terms will supersede all earlier versions. If you continue to use the Site and Services after changes are posted, you shall be deemed to have accepted those changes. If you do not agree to any changes, you must cease using the Site and Services.
If you use the Site and Services on behalf of a company, business or entity, you agree to these Terms on behalf of such company, business or entity and represent that you have the authority to bind such company, business or entity to these Terms. In such case, “you” or “your” shall refer to such company, business or entity and its affiliates. If you do not have such authority, you must not accept these Terms and may not use the Site or Services.
You understand and agree that K-Notices is not an attorney or a law firm. K-Notices may not perform services performed by an attorney, and the Services are not a substitute for advice or services of an attorney or law firm. No attorney-client relationship or privilege is created with K-Notices. Any legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. K-Notices does not represent or warrant that the Services comply with applicable law and/or the requirements of your contracts, and shall not be responsible for violations or breaches thereof. In using the Services, you are responsible for determining whether or not the Services comply with applicable law and the requirements of your contracts.
Intellectual Property
The Site and Services contain materials that are proprietary and are protected by intellectual property laws, including copyright, international treaty, trademark and patent laws. The Services are patent-pending. "Knotices" and the Knotices logo are trademarks of K-Notices, and may not be copied, imitated or used, in whole or in part, without the prior written permission of K-Notices. You agree to abide by all applicable intellectual property laws. These Terms do not grant you any right, title or interest in the Site or Services or the content in the Services, and K-Notices retains all right, title and interest in and to the Site and Services. You will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services. We may use any feedback, comments, or suggestions you send us (“Submittals”) without any obligation to you, and by providing Submittals to us, you agree to assign to K-Notices, at no charge, all worldwide intellectual property rights to such Submittals. Any rights not expressly granted herein are reserved by K-Notices.
Your Content
If you submit any material to the Site, you grant us a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, reproduce, distribute, display and publish such material in connection with the Services. You also permit any other user to view, copy, access, store, or reproduce such material for that user’s personal use. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; and that use of the material you supply does not violate the Terms or any applicable laws.
License
We grant you a limited, personal, non-exclusive and non-transferable license to access the Site and use the Services or your own personal, internal business use only. You shall not use the Site or Services for any illegal purpose or in any manner inconsistent with the Terms. This license is automatically revoked if you violate the Terms. We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services (including any Knotices/links) without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.
Restrictions on Use
By using the Site and Services, you specifically agree not to engage in any activity that, in our sole discretion:
While we have the right to do so, you acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Site for violations of the Terms, or to review or edit any content.
Subscription, Billing and Cancellation
You can increase the number of allotted Knotices for your account by choosing a paid subscription. K-Notices will automatically bill the monthly or yearly fees associated with your subscription to the credit card you provide to us. We will charge you tax when required to do so. Your subscription will continue in effect unless and until you cancel it or we terminate it. You may cancel or downgrade your subscription at any time. Cancellation of your subscription will require you to archive a calculated number of Knotices. You must cancel your subscription before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. K-Notices does not provide refunds or credits for any partial months or years. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. If you do not pay for your paid subscription on time, we reserve the right to suspend it or archive your Knotices to reach the free account limit. By signing up for a subscription and providing K-Notices with your payment account information, you hereby agree to these payment terms and conditions.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, K-NOTICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, K-NOTICES DOES NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICES, AND K-NOTICES ASSUMES NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY, (V) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL K-NOTICES, LLC, ITS AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (“K-NOTICES PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, HOWEVER CAUSED, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF one hundred ($100) U.S. dollars. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THE TERMS.
Indemnity
You agree to indemnify, defend, and hold the K-Notices Parties harmless, from and against any claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal and accounting fees) arising as a result of, or in connection with, (i) your use of the Site and/or Services; or (ii) your breach of the Terms. K-Notices will use reasonable efforts to notify you of any such claims. K-Notices retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. K-Notices reserves the right, at your expense, to assume the exclusive defense and control of any matter which is subject to indemnification under this section and you agree to cooperate with the defense of such claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent.
Third Party Sites and Services
The Site may contain links to third party websites and applications that are not owned or controlled by K-Notices. We do not control, and assume no responsibility for, the content, privacy policies, or practices of any third parties. By using the Site, you expressly acknowledge and agree that K-Notices shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party websites or applications.
Termination
We may terminate your use of the Site and deny you access to the Site in our sole discretion for any reason or no reason, including your violation of these Terms. Termination of your use of the Site will result in your loss of any Knotices (and corresponding links) created for you by the Site.
Linking
Framing of our Services within or as part of any third-party services, or any other manner of incorporating parts of our Services as part of another Web site or service, is not permitted without our prior written consent.
General
These Terms, and the respective rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services will lie in the state and federal courts located in Los Angeles, California, and each party irrevocably agrees to submit to the jurisdiction of such courts. If, for any reason, any provision of these Terms is declared to be illegal, invalid, void or otherwise unenforceable by a competent court of any jurisdiction, then to the extent that term is illegal, invalid, void or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms, nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. Nothing in these Terms shall confer or purport to confer any rights on any third party.
How to Contact Us
If you have any questions about the Terms, please contact us at support@knotices.com.