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").

Please review these Terms, the Know Privacy Policy ("Privacy Policy" located at www.knowforwork.com/legal/privacy), and all other policies and rules published by Know ("Other Policies") before you begin using Know because the Terms, Privacy Policy, and Other Policies create a legal agreement between you and Know. By using Know, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and our Other Policies, each of which are incorporated herein by reference. If you do not agree to these Terms, our Privacy Policy, or our Other policies you are not allowed to, and you must not, access or use Know.

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.

Privacy Policy

Our Privacy Policy describes what information we collect from you, how we collect information from you, and how we use and share information we collect from you. For more information, please visit our Privacy Policy.

General Terms
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.

It is a condition of your use of the App that all the User Information you provide is current, complete, accurate, and not false or misleading. You agree that all User Information you provide to register with the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your User Information consistent with our Privacy Policy.

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.

User Requirements

You agree that you will not:

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.

User Interactions

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

Pricing

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.

Billing Authorization

The following shall apply if you sign up for an Account:

Basics
Seller Responsibilities
Seller Penalties

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
Taxes

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.

Buyer Responsibilities
Buyer Penalties

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

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

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.

Know Rights
Copyright Complaints

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]:

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.

No Warranties

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.

User Disputes

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.

Force Majeure

© 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

Arbitration Generally

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.

Arbitration Agreement

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.

Contact Information

© 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]

Enforceability

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

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Know regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App. If any provision of these Terms is held by an arbitrator or court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Our rights under these Terms will survive any termination of these Terms.

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

For contractual purposes, you (1) consent to receive communications from Know in an electronic form via the email address you have submitted; and (2) agree that all Terms, agreements, notices, disclosures, and other communications that Know provides to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, consistent with and as described in more detail in our Privacy Policy located at www.knowforwork.com/legal/privacy. You may opt out of such email by changing your Account settings or sending notice of opt out to [email protected]

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.

It is your responsibility to check the App from time to time, so you are aware of any changes. If you continue to use the App after we post revised Terms, Privacy Policy, or other policy you signify your agreement to such revised Terms and policies. However, we shall notify you of material changes to the Terms or other policies by posting a notice in the App and/or sending an email to the email address. For this reason, you should keep your contact and profile information current. If, following such changes, you no longer agree to these Terms or the Privacy Policy, you must discontinue using the App.

General Acknowledgment

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY AT www.knowforwork.com/legal/privacy AND ANY OTHER TERMS PUBLISHED BY KNOWLEDGE WORKER REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, AND SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.