Terms and Conditions
Last Updated: August 30, 2021
Welcome to Know For Work! To make these Terms of Service (the "Terms") easier to read, we will sometimes refer to KNOWLEDGE WORKER INC. (including our directors, officers, members, managers, employees, affiliates, successors and assigns (each, a "Know Representative"), except when acting as a User) as “Knowledge Worker”, "Know For Work", “Know”, "our", "we", or "us"; we will refer to you as "you" or a derivative of you; and we will refer to a user who creates an account on Know as a "User(s)". In some instances when describing interactions between Users we will differentiate between "buyer" Users (each, a "Buyer") and "seller" Users (each, a "Seller").
About the App
Know is a platform accessible via mobile application (cumulatively, the "App") that connects Buyers and Sellers of professional services (a "Service"), that can result in a purchase of a Service (an "Order"). We provide more in-depth information on registering to use the App and Order in the sections below.
- You must be at least 18 years old in order to create a Know account ("Account") or use the App. By using the App, you represent and warrant that you are at least 18 years of age, and meet all of the eligibility requirements of these Terms.
- You confirm that you are receiving any Services provided by Know for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- Know is not a marketplace. Any contract of sale through your Account is directly between you and the buyer or seller.
- You are solely for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account (as defined below).
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Know may result in an immediate termination of your account.
Account Creation and Profiles
The App allows a User to create a Know account. A User may create an Account by entering their first name and last name and password, which, for the purposes of these Terms, will be considered "User Information". Once an Account is created, if the User wishes to sell Services, the User will need to create an Seller profile ("Profile") by providing requested information, and connect with a payment gateway, at which point the User may be allowed, at our discretion, to sell Services on the App.
All Sellers must provide the following information in their Profile: (1) first and last name, (2) email address, (3) physical address, and (4) social security number or employer identification number. All Users may provide additional information as requested in your Profile and Account (the foregoing will also be considered "User Information").
Please Note: While Know collects User Information, it makes no effort or attempt to verify or ensure such User Information is correct, accurate, complete and not misleading.
Account and User Information Protection
It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or User Information, or any unauthorized breach of your Account or User Information.
You also acknowledge that your Account and User Information is personal to you and agree not to allow any other person to access the App or any portion of it using your User Information. In the event you share your Account or User Information with others, you do so at your own risk and still are liable for all use of your Account and User Information, even if such use was not authorized.
We have the right to disable any Account at any time in our sole discretion, for any or for no reason, including if, in our opinion, you have violated any provision of these Terms.
Unauthorized Use of Your Account
Know will not be liable for any loss that you may incur as a result of someone else using your Account or User Information, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for your failure to safeguard your User Information and/or promptly notify Know about unauthorized use of your Account or breach of your Account information or password.
No Guarantee of Access
We reserve the right to withdraw or amend the App, and any feature or material we provide as part of the App, in our sole discretion without notice. In addition, the App may automatically be upgraded and updated without notice to you. We will not be liable for any reason if all or any part of the App is unavailable at any time or for any period.
Use and Access Restrictions
We reserve the right to refuse the use of, or access to, the App to anyone, for any reason, at any time. From time to time, we may restrict access to the App, or any portion thereof, to Users, including registered Users. We may, in our sole discretion, terminate your right to use the App with or without cause at any time, and may prevent your future use of the App. You may terminate this Agreement by simply discontinuing use of the App.
Your Responsibilities Before and After Termination
Know has no obligation to retain or provide you with copies of your Account Information (as defined below), User Information, or otherwise. "Account Information" is an encompassing term that is meant to include your User Information as well as Transaction history, Services listed for Transactions, conversations with other Users, if and when such functionality becomes available on the App, Payment Method information and similar information concerning the App and your App usage. This list is meant to be illustrative and not exhaustive. Know shall not be liable to you for any deletion, loss, corruption or withholding of your Account Information or User Information. You are solely responsible to copy and maintain all Account Information and User Information contained in your Account and Profile.
In the event that you terminate your Account, or we terminate your right to use the App, Know may restrict your access to any Account Information, User Information or material that you may have used or stored in the App.
You agree that you will not:
- Use the App for any unlawful purpose or for the promotion of illegal activities;
- Use the App to, or to attempt to, harass, abuse, or harm another person or group;
- Provide others with access to or use of your Account, or use the Account or any other User without permission;
- Provide false or inaccurate information in the App or in your Account;
- Use the App for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Make any automated use of the App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the App;
- Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent;
- Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of the App or materials we provide as part of the App;
- Reverse engineer or attempt to extract the any source code of the App, unless applicable laws prohibit these restrictions, or you have our written permission to do so;
- Use any software, technology, or device to scrape, spider, or crawl the App or harvest or manipulate data;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Bypass any measures we take to restrict access to the App;
- Use the App to solicit sales outside of the App;
- Engage in market manipulation, for example the creation and use of multiple accounts in an effort to create the appearance increased demand for a Service;
- The distribution or sale of counterfeit, unauthorized, stolen, B-grade, or similar non-authentic Services; or
- Otherwise interfere or attempt to interfere with the proper functioning of the App.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our App, please contact us at [email protected]
Your Rights to Use the App
These Terms permit you to use the App, in accordance with the terms herein. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use the App. You will use the App in full compliance with all applicable laws and regulations with regard to your use of the Apps, including all applicable laws.
If you breach any of these Terms, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App, or any content on the App is transferred to you.
We reserve all rights that are not expressly granted to you under these Terms.
Interactions with other Users
Know has built the App in order to provide Users with the ability to connect with other Users to coordinate Transactions. The degree to which Users may interact and know each other's identity or identifying information and the degree to which Know helps facilitate User interactions may vary from time to time, but at no time shall Know require that Users interact with each other outside of the App.
YOU SHOULD PROTECT YOURSELF AT ALL TIMES, USE YOUR BEST JUDGEMENT AND TAKE GREAT SAFETY PRECAUTIONS WHEN MEETING OR INTERACTING WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND ANY INTERACTION YOU HAVE WITH ANY OTHER USER.
SUBJECT TO APPLICABLE LAW AND AS FURTHER PROVIDED IN THESE TERMS, KNOWLEDGE WORKER IS NOT AND SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS KNOWLEDGE WORKER FROM, ANY AND ALL LOSS, DAMAGE, HARM, INJURY, OR CLAIMS THAT ARISE FROM OR ARE RELATED TO USER INTERACTIONS, ENGAGEMENTS, OR OTHER USE OF THE APP.
User Legal Compliance
We require that Users comply with all applicable laws regarding Transactions. It is solely the responsibility of each User, and not of Know, to determine which laws are applicable to them and ensure that they are in compliance with such laws.
Please Note: While we require all Users to comply with applicable law, we make no effort to verify or ensure such compliance.
Pricing Billing and Fees
At this time, it is free to create an Account and use the App. However, Users are required to pay fees related to Transactions. These fees are outlined on our Pricing, which may be updated or amended from time to time (the "Pricing"). Due to the presence of these potential fees, Buyers may be required to enter a desired payment method ("Payment Method") as prompted. Sellers will be required to connect with their desired payment gateway (“Payment Gateway”) before Listing a Service.
You authorize Know and/or its Billing Agent to bill you in a manner consistent with its fee structure as found in the Pricing. Fees and charges that are due as a result of a Transaction are automatically billed to your Account Balance (as defined below), or if there are not enough funds in your Account Balance, to your Payment Method upon a Transaction.
Current Payment Information
You must provide Know with current Payment Method information, change of Payment Method information, and at Know's request. You are solely responsible for maintaining and updating your Payment Method information. Know is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your Payment Method.
The following shall apply if you sign up for an Account:
- You authorize Know and/or any other company that bills for products or services, or acts as billing agent for Know ("Billing Agent") to charge and/or place a hold on your Account Balance for any charges or fees related to your use of the App.
- You authorize Know and/or Billing Agent to charge and/or place a hold on your Payment Method for any charges related to your use of the App.
- You authorize the party that issued your Payment Method to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer to pay all such amounts.
- You authorize Know and/or its Billing Agent to continue to attempt to charge your Payment Method all amounts described herein, or any portion thereof, until such amounts are paid in full.
- If the Payment Method on file is declined or otherwise rejected for any fee or membership charge, the User shall have 7 days to provide updated information and payment. Failure to cure the within the 7-day grace period may, at Know's sole discretion, result in termination of your Account without a refund. If a User wishes to reactivate their Account after deactivation from failure to pay a fee, they will be required to satisfy any debts owed to another User or to Know before a new Account can be created.
- Sellers may list a Service for sale in the App.
- By listing a Service in the App, Sellers create a listing (“Listing”) to sell that particular Service at a specified price ("Listing Price").
- When a Buyer purchases the service, the buyer's Payment Method is immediately charged the total amount of the Order, which includes the purchase price plus all applicable fees.
- Once payment is confirmed, a Pending Order (“Order”) will be created and given a unique order number.
- Upon the occurrence of a Pending Order, Seller may accept or reject the Order for any reason.
- If the Seller rejects the Pending Order, the Transaction is reversed and the total amount is refunded to the Buyer via their original Payment Method.
- If the Seller accepts the Pending Order, it becomes an Active Order.
- The Seller fulfills the Service to the Buyer by delivering completed files and/or proof of work before the deadline calculated on accepting the Order as specified in the Listing.
- If the Seller fails to deliver the Service before the deadline, the Order is late. If the Seller fails to deliver the Service 24 hours after the Order is late, the Buyer may cancel the Order and receive a refund.
- Once the Service is delivered on time, the Buyer has 72 hours to accept delivery or request a revision.
- The Buyer can request as many revisions as needed.
- If the Buyer does not respond within 72 hours, the delivery will automatically be accepted. At which time, Know deposits the proper amount into the Seller's Payment Gateway barring safety clearance period.
- Know may hold Seller funds up to 14 days if the Seller, at the sole discretion of Know, is required to go through a safety clearance period.
- It is the Seller’s responsibility to ensure that all information provided is accurate for a proper transfer. Know may be unable to recover money transferred to an improper account based on the information provided by Users. Seller shall be responsible for the cost of fees charged by Payment Gateway for transfers, and Seller should review the Payment Gateway terms and services as rates are subject to change and beyond the control of Know.
- Sellers are responsible for the accuracy of a Service's Listing and delivering the Service upon Order. Any inaccuracy, whether it be the description, or authenticity of a Service, may, at the sole discretion of Know, result in penalties (as defined below).
- Sellers must fulfill their Orders, and may not cancel Orders on a regular basis or without cause.
- Users may not offer or accept payments using any method other than placing an order through the App.
- Users are responsible for scanning all transferred files for viruses and malware. Know will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Sellers must send completed files and/or proof of work using the Deliver button (located on the Order screen) to mark the Order as Delivered.
Penalties arising from Seller-related issues may include but are not limited to (i) removal of any or all Seller Services from the App; (ii) cancellation of any or all of Seller's pending Transactions on the App; (iii) withholding of any payments due to Seller; (iv) limitations on Seller's ability to buy and/or sell Services; (v) charges to Seller's Payment Gateway for costs, expenses, and fees incurred by Know as a result of Seller's failure to properly comply with these Terms and; (vi) temporary or permanent suspensions of Seller's Account.
Seller Promotional Credits
- Promotional Credit will be applied only to offset commission ("Seller Fee") incurred during an order. Promotional Credit will not be applied to service fee ("Buyer Fee"), payment gateway fee, tax, or any other fee.
- You may not sell, license, rent, or otherwise transfer Promotional Credit. Promotional Credit may be applied only to your own Know account. Promotional Credit has no intrinsic value, is not redeemable for cash, has no cash value, is nonrefundable, and serves merely as a means to provide an incentive to use our Services. Promotional Credit may not be purchased for cash, and we and our affiliates do not sell Promotional Credit.
- Promotional Credit is void in the event of fraud, misuse, or violation of any terms of the Agreement, these Terms, or the terms of the agreement, promotion, or program pursuant to which you received the Promotional Credit. Promotional Credit is void if sold for cash or other consideration. Any Promotional Credit applied to AWS accounts that are determined by Know to have been created solely for the purpose of obtaining Promotional Credit is void. In addition to any other legal relief available to us, you will reimburse us for the amount of any Promotional Credit you use in violation of these Terms.
- By accepting Promotional Credit, you represent and warrant that your receipt and use of Promotional Credit is not prohibited or inconsistent with any applicable laws, regulations, or binding orders (including applicable ethics or procurement rules).
- Unless authorized by us, Promotional Credit may not be used in conjunction with any other promotional or incentive offer from us or our affiliates.
- Promotional Credit is valid for a limited time only and cannot be redeemed after the expiration date indicated when you receive the applicable Promotional Credit code (or such other date designated by us or in these Terms). Redeemed Promotional Credit will be applied to offset Seller Fee. Failure to redeem Promotional Credit before its expiration date will result in its forfeiture. We reserve the right to cancel Promotional Credit at any time. No refunds will be granted for any expired or cancelled Promotional Credit.
- You agree to maintain in strict confidence any data or information relating to the Service Offerings that you discover, derive, develop, or otherwise learn about through your use of the Service Offerings. This includes, but is not limited to, data or information relating to the Service Offering’s security and any suggested improvements to the Service Offerings.
Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Listing Price is inclusive of all such taxes and charges that may apply to the Sellers.
- When a Buyer places an Order, the Buyer is responsible for the completion of payment of the Transaction amount, including all additional fees and taxes. More information regarding fees and taxes can be found in our Pricing. Upon a Transaction, a Buyer authorizes Know to charge Buyer's Payment Method. Buyer is responsible for updating Payment Method information as necessary to ensure sufficient funds and accurate information that will allow the satisfaction of payment obligations arising from a Transaction.
Penalties arising from payment-related issues may include but are not limited to (i) removal of any or all Buyer's Seller Services if said Buyer also acts as a Seller on the App; (ii) cancellation of any or all of Buyer's Seller pending Transactions on the App; (iii) withholding of any payments due to Buyer in its capacity as Buyer or Seller; (iv) place limits on Buyer's ability to buy and/or sell Services; (v) charges to Buyer's Payment Method or subsequently provided means of payment for costs, expenses, and fees incurred by Know as a result of Buyer's failure to properly comply with these Terms and; (vi) temporary or permanent suspension of Buyer's Buyer and/or Seller Account.
User Materials ("Materials") refers to the content added by users as opposed to content created by the App. All content uploaded to Know by our users (Buyers and Sellers) is User Materials. Know does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Know platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and events; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Ownership and limitations: When purchasing a Service on Know, unless clearly stated otherwise on the Service’s Listing, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Service, and the delivery may not be used if payment is cancelled for any reason. The delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Know, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Know for no consideration for marketing and/or other purposes.
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded, violate our Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Know user, Know employee, member, or officer will result in immediate Account termination.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Know employees and contractors may also be Know users and that they may compete with you.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
- Know retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Seller. If we are unable to reasonably determine the rightful Seller, without prejudice to our other rights and remedies, Know reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Services on or through the App.
All material or information that you use post to the App must comply with U.S. copyright law, depending on jurisdiction. If you are the copyright owner or an agent thereof and believe, in good faith, that any materials currently being used in connection with the App infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to Know's designated copyright agent at [email protected]:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- User Information reasonably sufficient to permit Know to contact you, such as an address, telephone number, and/or email address;
- A statement that you have 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
- 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 owner of an exclusive right that is allegedly infringed.
Liability, Indemnification, and Disputes
Assumption of Risk
You agree and acknowledge the world is a dangerous place and you must use a great deal of care and caution in all interactions with other Users, whether such interactions occur by phone call, electronic communication outside of the App, or in-person interactions. Know encourages all Users to take proper precautions. If the identity of another User is discovered and leads to an interaction that either User considers inappropriate for any reason, Know encourages the User to contact us at [email protected]
BY USING THE APP AND ENTERING INTO A TRANSACTION YOU ARE ACKNOWLEDGING THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE APP AND ENTERING INTO AN TRANSACTION.
THE APP, AND ANY CONTENT OR INFORMATION THEREIN, AS WELL AS ANY SERVICE PROVIDED BY KNOWLEDGE WORKER IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. KNOWLEDGE WORKER MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE APP, THE USE OR PERFORMANCE OF THE APP, ANY OTHER SERVICE PROVIDED BY KNOWLEDGE WORKER. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE APP (INCLUDING ANY CONTENT AND INFORMATION THEREIN), ANY SERVICE PROVIDED BY KNOWLEDGE WORKER, KNOWLEDGE WORKER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KNOWLEDGE WORKER MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP, SERVICE PROVIDED BY KNOWLEDGE WORKER WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE APP OR FROM ANY OR SERVICE PROVIDED BY KNOWLEDGE WORKER.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
© 2022 Knowledge Worker, Inc. All Rights Reserved. IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. KNOWLEDGE WORKER HAS NO DUTY OR RESPONSIBILITY TO ENSURE THAT A USER HAS A SUFFICIENT ACCOUNT BALANCE TO CONDUCT A TRANSACTION, OR TO DETERMINE IF A USER'S PAYMENT INSTRUMENT IS IN GOOD STANDING AND SUFFICIENT TO CONDUCT A TRANSACTION. USERS UNDERSTAND THAT THEY MAY INCUR FEES AND/OR CHARGES AS A RESULT OF KNOWLEDGE WORKER TRANSACTIONS UNDER THE TERMS OF AGREEMENTS WITH PAYMENT INSTRUMENT ISSUERS, OR KNOWLEDGE WORKER MAY BE UNABLE TO FACILITATE SOME TRANSACTIONS.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS FROM USER'S ACCOUNT BALANCE, THE SOLE REMEDY AGAINST KNOWLEDGE WORKER SHALL BE LIMITED TO THE AMOUNT OF FUNDS TO BE TRANSFERRED PLUS FEES AND CHARGES. IN NO EVENT SHALL KNOWLEDGE WORKER BE LIABLE FOR DAMAGES FOR DELAYS, NONPAYMENT, OR UNDERPAYMENT OF A PAYMENT, WHETHER CAUSED BY AN ACT OR OMISSION OF MERCARI OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
Disclaimers of Liability
IN NO EVENT SHALL KNOWLEDGE WORKER BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, LOSS OF PROFIT, LOSS OF DATA, OR PUNITIVE DAMAGES, HOWEVER ARISING.
© 2022 Knowledge Worker, Inc. All Rights Reserved. SHALL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY OR DAMAGES ARISING FROM OR IN RELATION TO YOUR USE OF THE APP, WHETHER ARISING FROM A TRANSACTION OR OTHERWISE, OR ANY SERVICE PROVIDED BY KNOWLEDGE WORKER; THIS DISCLAIMER INCLUDES ANY AND ALL LIABILITY AND DAMAGE ARISING FROM HARM OR LOSS TO YOU, YOUR ITEM(S), YOUR REAL OR PERSONAL PROPERTY. ADDITIONALLY, KNOWLEDGE WORKER SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES ARISING FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCOUNT, INABILITY TO ACCESS YOUR ACCOUNT BALANCE, ABILITY TO USE THE APP, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, OR DEFECT OF THE APP.
IF YOU ARE IN ANY WAY CONCERNED ABOUT ANOTHER USERS SUITABILITY FOR THIS APP, PLEASE LET US KNOW IMMEDIATELY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER IS TO BE RESOLVED BY YOU AND SUCH USER. KNOWLEDGE WORKER HAS NO RESPONSIBILITY TO RESOLVE ANY USER DISPUTE AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH USER DISPUTE. AS SUCH, YOU HEREBY RELEASE KNOWLEDGE WORKER FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND LOSSES OF EVERY KIND ARISING FROM ANY USER DISPUTE.
Limitation of Liability
© 2022 Knowledge Worker, Inc. All Rights Reserved.'S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), SERVICE LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO KNOWLEDGE WORKER IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY; PROVIDED THAT IF YOU HAVE PAID NO SUCH AMOUNTS, KNOWLEDGE WORKER MAXIMUM LIABILITY TO YOU SHALL BE THE GREATER OF USER'S TOTAL FEES TO KNOWLEDGE WORKER FOR THE 12 MONTHS PRIOR TO THE CLAIM; OR $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Indemnification by You
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KNOWLEDGE WORKER (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, EXPENSES, LOSSES, OR OTHER AMOUNTS (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY KNOWLEDGE WORKER THAT ARISE FROM ANY CLAIM, DEMAND, OR CAUSE OF ACTION RELATING TO (1) YOUR USE OF THE APP, INCLUDING WITH RESPECT TO ANY TRANSACTION IN WHICH YOU ARE INVOLVED, (2) OUR USE OF YOUR ACCOUNT INFORMATION, (3) YOUR DISPUTES WITH OTHER USERS, (4) ANY OTHER USER'S ACTIONS OR OMISSIONS, AS THEY RELATE TO YOU, (5) YOUR BREACH OF THESE TERMS, (6) YOUR BREACH OF THE OTHER POLICIES, (7) YOUR MISUSE OF THE APP, (8) YOUR VIOLATION OF ANY LAW, OR (9) YOUR VIOLATION OF ANY OTHER USER'S OR THIRD PARTY'S RIGHTS.
AS STATED THROUGHOUT, KNOWLEDGE WORKER SHALL NOT BE LIABLE, AND SHALL BEAR NO LIABILITY, IN CONNECTION WITH ANY TRANSACTION. KNOWLEDGE WORKER DOES NOT BUY OR SELL ITEMS OR PARTICIPATE IN ANY TRANSACTIONS BETWEEN USERS. ANY TRANSACTION IN WHICH A KNOWLEDGE WORKER REPRESENTATIVE IS ACTING AS A USER SHALL BE CONSTRUED AS A USER TO USER TRANSACTION AND NOT AS A TRANSACTION INVOLVING KNOWLEDGE WORKER. ANY DAMAGES OR LIABILITIES THAT ARISE FROM OR IN CONNECTION WITH A TRANSACTION WILL BE YOUR SOLE RESPONSIBILITY.
Limitation on Time to File Claims
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR USE OF THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
© 2022 Knowledge Worker, Inc. All Rights Reserved. SHALL HAVE NO LIABILITY FOR DELAYS OR FAILURE TO MEET RESPONSIBILITIES FROM ANY CONDITION OR EVENT THAT IS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION, ACTS OF TERRORISM, ACTS OF NATURE INCLUDING EARTHQUAKES, FIRE, FLOOD, OR OTHER ACTS OF GOD; OR LABOR CONDITIONS. THIS LIST IS MEANT TO BE ILLUSTRATIVE AND IS NOT EXHAUSTIVE.
Arbitration Agreement, Jury Trial Waiver, Class Action Waiver, and Dispute Resolution
THIS SECTION PROVIDES YOUR AGREEMENT TO ARBITRATE ("Arbitration Agreement") ANY CLAIMS, SUBJECT TO LIMITED EXCEPTIONS, THAT YOU AND KNOWLEDGE WORKER HAVE AGAINST EACH OTHER. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND RELIEF AGAINST KNOWLEDGE WORKER THROUGH ARBITRATION, AND NOT THROUGH ANY ACTION IN COURT, BY JURY TRIAL, OR IN ANY CLASS PROCEEDING. PLEASE REVIEW THIS SECTION CAREFULLY.
Except as prohibited by law and subject to any right you have to bring a claim against Know in small claims court in the county in which you reside, you agree and acknowledge that the exclusive means for resolving any dispute or claim arising from the Terms or your use of the App shall be binding arbitration. Any action to enforce an arbitration decision, including any proceeding to confirm, modify, or vacate an arbitration decision, may be commenced in any court of competent jurisdiction, pursuant to the Governing Law and Jurisdiction section below.
You can decline the provisions of this Arbitration Agreement within 30 days of accepting these Terms by emailing Know at: [email protected] Your opt out email must include your name and a statement manifesting your intent to opt out of the arbitration provisions of this Arbitration Agreement.
By agreeing to arbitration under the Rules, you agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on the interpretation, applicability, and enforceability of the Arbitration Agreement, as well as on all substantive and procedural claims involved in the relevant dispute. Additionally, the arbitrator shall have the authority to grant any remedy that would be available if the dispute were instead being resolved in a court of competent jurisdiction.
All arbitration shall be conducted by a neutral arbitrator under the Consumer Arbitration Rules ("Rules") of the American Arbitration Association ("AAA"). Except as limited by applicable law, You and Know each hereby agree to equally share all filings, administrative and arbitrator fees to conduct the arbitration. Notwithstanding the foregoing sentence, Know will reimburse you for filing fees and pay all arbitrator fees if (1) the total amount of your claims against Know is less than $10,000 and (2) the claims arbitrated by you are resolved in your favor, as determined by the arbitrator. Each party will be solely responsible for any and all fees incurred by such party in connection with the arbitration.
Unless you exercise your right to an oral hearing, arbitration shall be conducted by written submissions. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims or disputes to Know at the address specified in the Contact Information section of these Terms. If we begin arbitration proceedings against you, we will provide you notice using your User Information. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this Arbitration Agreement. The AAA's Rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
If any term or provision of this Arbitration Agreement is held invalid or unenforceable, such term or provision shall be severed from this Arbitration Agreement, and the remainder of the terms and provisions shall remain in full force and effect.
BY ACCEPTING THESE TERMS AND UNLESS OTHERWISE PROVIDED FOR HEREIN, YOU ARE (1) AGREEING TO THE TERMS OF THE ARBITRATION AGREEMENT IN THIS ARBITRATION AGREEMENT, (2) WAIVING YOUR RIGHT TO HAVE ANY DISPUTE OR CLAIM WITH KNOWLEDGE WORKER RESOLVED IN COURT BY A JUDGE OR JURY, (3) OPTING TO HAVE ALL DISPUTES OR CLAIMS WITH KNOWLEDGE WORKER RESOLVED BY A NEUTRAL ARBITRATOR, AND (4) WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS PROCEEDING.
Class-Action Waiver and Jury Trial Waiver
YOU AGREE THAT YOU WILL NOT COMMENCE, MAINTAIN, OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING AGAINST KNOWLEDGE WORKER ("Class Proceeding") . TO THE EXTENT ANY CLAIM OR DISPUTE HEREUNDER PROCEEDS IN COURT RATHER THAN IN ARBITRATION, KNOWLEDGE WORKER AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Governing Law and Jurisdiction
Any claim relating to the App shall be governed by the laws of the State of Delaware, without regard to any conflict of law provisions; provided, however, that the Arbitration Agreement above shall be governed by the Federal Arbitration Act. In the event that any or all of the arbitration decision is held to be unenforceable, any litigation against Know may be commenced only in the federal or state courts located in Middletown, Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
© 2022 Knowledge Worker, Inc. All Rights Reserved. INC. is the official legal name of Know, and we are a Delaware corporation. Please send all feedback, comments, requests for technical support, and other communications relating to the App to: [email protected]
Even if Know does not require strict compliance with these Terms in each instance, you are still obligated to comply with these Terms. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce each and every such provision as written.
Any and all waivers by Know of any provision, condition, or requirement of these Terms will only be effective against Know if it is in writing and signed by an authorized officer of Know. No waiver by Know of any term or condition set out herein 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 Know to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Links to Third-Party Websites, Applications, Software, or Content
As part of the App, we may provide you with convenient links to third-party website(s) as well as content or items belonging to or originating from third-parties (collectively, "Third-Party Content"). These links are provided as a courtesy to Users. Know has no control over Third-Party Content or the promotions, materials, information, goods or services advertised by or available from Third-Party Content. Such Third-Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by Know.
We are not responsible for any Third-Party Content posted on, available through or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Our inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement by Know. If you decide to leave the App and access or use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party site or application to which you navigate from the App.
Entire Agreement & Severability
Email and Legal Notice
Communications made through the Know e-mail and messaging system, if and when available, will not constitute legal notice to Know in any situation where notice to Know is required by contract or any law or regulation.
You Consent to Receive Electronic Communications
We May Amend the App and these Terms
We may update the App (including its content, materials, and features) from time to time. Please be advised that any content contained on the App may not necessarily be complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
We may revise and update these Terms from time to time in our sole discretion. All changes become effective immediately when we post them and upon your continued use of the App.