“COMPANY” refers to Knex Technology, LLC, and its affiliates, which shall mean its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership, its websites, and/or social media pages. Knex may also be referred to in this policy as “we,” “our” or “us”.
These Terms of Service (hereinafter “Terms of Service” or “Terms”) states the terms and conditions between Knex and you, including those you represent in use and participation (“You”, “Your”, “User”) to inform You about the procedures and policies that govern Your access to and use of our services, websites and/or social media pages (if any) (hereinafter collectively referred to as “Services”), and any information or other materials appearing on the Services (hereinafter collectively referred to as “User Information”). Your access to and use of our Services is expressly conditioned on Your acceptance of and full compliance of these Terms. By accessing or using the Services You agree to be bound these Terms, regardless of the country that You reside in or from where You create information.
You, the User, are solely responsible for Your use of the Services, for any User Information You provide to us, and for any consequences that may ensue thereafter. You should only provide User Information that You are comfortable sharing under these Terms. In other words, other Your User Information that You make available through the Service, may be used consistent with the terms of these Terms and our Privacy Policy (collectively, “our Policy”). Our Policy applies to all users and others who access the Services (“Users”).
Your use of the Services is expressly conditioned on whether You can form a binding contract with Knex and that You are not a person barred from receiving services under the laws of the United States of America or any other applicable jurisdiction for any reason whatsoever. Your acceptance of these Terms requires that You may use the Services only in strict compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If You have any questions regarding these Terms or our Services, please contact us at legal@knextech.com.
Arbitration Notice: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND KNEX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Changes to these Terms; Suspension of the Services
We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms at any time without prior notice to You. The most current version of these Terms will always be at www.knextech.com/privacypolicy. The most current version of the Terms will govern our relationship. If we make a change to these Terms that, in our sole discretion, is material, we will notify You via an e-mail to the email associated with Your account or in any other reasonable manner that we deem fit. By continuing to access or use the Services after those changes become effective, whether or not You are notified of immaterial changes, You agree to be bound by the revised Terms. We may also suspend the Services, temporarily or permanently, with or without prior notice to You. We also retain the right to create limits on use and storage at our sole discretion, at any time, with or without prior notice to You.
Privacy and the Protection of Your Personal Information
Any information that You provide to us is subject to our Privacy Policy, incorporated herein by reference, which governs our collection and use of Your information. By using the Services, You agree to be bound to the terms of the Privacy Policy.
Fees
Access to, and use of, the Services are currently free of charge. We reserve the right to charge a fee for access to or use of the Services in the future. Your current use of the Services, whether or not You are charged a fee for such use, shall not entitle You to use the Services without charge in the future.
Knex’s Rights; User’s Rights for User Information
All right, title, and interest to the Services are and will remain the exclusive property of Knex. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Nothing in these Terms will be construed as giving You a right to use the Knex website, name or any of the Knex owned trademarks, logos, domain names, and other distinctive brand features, including, but not limited to, all the intellectual property relating to the Knex website; the Knex stylized logos; the Knex tagline; Knex’s photos, videos, drawings, assets, copy, content, brochures, iconography, font and digital collateral that appears on the Knex website, social media, or mobile pages; the trademarks and copyrights associated with the Knex website.
Notwithstanding any obligations or covenants contained in the Terms, any feedback or comments that You may provide to us regarding our Services is entirely voluntary and we retain the right to use such feedback or comments as we see fit, at our sole discretion, without any obligation to You. We retain the right to modify or adapt Your User Information in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your User Information as are necessary to conform and adapt that User Information to any requirements or limitations of any networks, devices, services or media. You are responsible for Your use of the Services and for any consequences thereof.
We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
COMMUNICATIONS MAINTAINED BY THE SERVICES: WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KNEX OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Copyright Policy
Knex respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged infringement of rights of privacy or publicity that comply with applicable law and are properly provided to us. If You believe that Your rights of privacy or publicity has been broached in any way please email us at legal@knextech.com and provide us with the following information: (i) proof of identification in the form of a federally accepted form of identification; (ii) 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; (iii) Your contact information, including Your address, telephone number, and an email address; (iv) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the rightful owner of the right to privacy and publicity, its agent, or the law; and (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the rightful owner. Our designated agent for notice of alleged infringement appearing on the Services is:
Knex Technology, LLC
2600 Michelson Drive
Suite 1700
Irvine, CA 92612
Email: legal@knextech.com
Disclaimer of Warranties
SERVICES ARE AVAILABLE “AS-IS”. YOUR RELIANCE ON, USE OF, AND ACCESS TO THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMITTED BY LAW, KNEX DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. KNEX WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT KNEX HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KNEX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, INACCURATE, MISLEADING, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; 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 KNEX HAS 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.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST KNEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, AGENTS, SUBSIDIARIES, MEMBERS, AND SUCCESSORS–IN-INTEREST (COLLECTIVELY, “KNEX”) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE KNEX SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF OR INABILITY TO USE THE KNEX SERVICES SHALL BE TO DISCONTINUE USE OF THE KNEX SERVICES. NO CLAIMS, REGARDLESS OF FORM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE TERMS OF SERVICE OR THE KNEX SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Exclusions and Exceptions
Some jurisdictions do not allow the disclaimer, 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. In such jurisdictions, Knex’s liability will be limited to the fullest extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Knex, its subsidiaries, agents, distributors, affiliates, and their officers, directors, and employees from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitations, reasonable attorney’s fees, resulting from Your breach of any provision of these Terms, the Privacy Policy, or any warranty You provide herein, or otherwise arising in any way out of Your use of the Services and any related Knex Services and/or software. You agree to cooperate fully with Knex in the assertion of any available defenses in connection with a claim subject to indemnification by You under these Terms.
Waiver and Severability
The failure of Knex to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or Your state or country of residence law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Orange County, California, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If You are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to You but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
Arbitration; No Class Actions
Except if You opt-out or for disputes relating to: (1) Knex’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) Your violations of use restrictions contained herein, You agree that all disputes between You and Knex (whether or not such dispute involves a third party) with regard to Your relationship with Knex, including without limitation disputes related to these Terms, Your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and You and Knex hereby expressly waive trial by jury. As an alternative, You may bring Your claim in Your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on Your own behalf. Neither You nor Knex will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Knex is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Knex or You can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
You may opt out of this agreement to arbitrate. If You do so properly, neither You nor Knex can require the other to participate in an arbitration proceeding. To opt out, You must notify us in writing within 30 days of the date that You first became subject to this arbitration provision. You must use this address to opt out:
Knex Technology, LLC
2600 Michelson Drive
Suite 1700
Irvine, CA 92612
You must include Your name and residence address, your email address, and a clear statement that You want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of Your relationship with Knex.
Copyright Information; Open Source Components
Users acknowledge that Knex has used the following open source components in the development of the Services. The components and their respective copyright notices are listed below:
