This Web Site and all functions, content and services related thereto are operated and maintained by KnowledgeNet Enterprises LLC (“KnowledgeNet”), a limited liability company organized under the laws of the State of Washington, with its principle address at 309 W. Elliot Rd. Tempe AZ, at the URL: http://knowledgenet.com/ (collectively, the “Site”). The Site is for use solely by individuals and employees of approved companies who are authorized by KnowledgeNet to use it. By accepting these Terms and Conditions of Use and/or visiting or using the Site, you agree to be bound by all of the terms and conditions contained herein (the “Terms”). If you do not wish to be bound by these Terms, you are not authorized to use the Site. By accessing and using KnowledgeNet courses, you agree that you have read, understand and agree to these terms. You also agree to review this document periodically to be aware of potential changes to the agreement, changes that, KnowledgeNet Enterprises, LLC may make at any time. Your continued use of this site will assume your conclusive acceptance of this or any future modified agreement.
1. Grant of License / Single User Subscription / KnowledgeNet Student
You may not copy, reproduce, reverse engineer, translate, port, modify or make derivative works of the Products without the express consent of KnowledgeNet. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, distribute, or transfer the Products or use them in any manner not expressly authorized by this Agreement without the express consent of KnowledgeNet. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You do not receive any, and KnowledgeNet retains all exclusive ownership rights, title and interests in the Products, including, but not limited to ownership rights in all copyrights, trademarks, service marks, or trade secrets. The Products are copyrighted and may not be copied, distributed or reproduced in any form, in whole or in part even if modified or merged with other Products. The use of third-party applications to capture or record data streams is recognized as a method of reproduction prohibited by this agreement. You shall not alter or remove any copyright notice or proprietary notice or legend contained in or on the Products. You shall take all reasonable steps and precautions to ensure that your use of the Products is in strict compliance with this License Agreement. Upon your discovery and/or the request of KnowledgeNet, you agree to promptly remedy any violation of this License Agreement and to provide KnowledgeNet with sufficient evidence that you are in compliance with this License Agreement.
2. Termination of License
Once any applicable subscription period has concluded, the license granted by this Agreement shall immediately terminate and you shall have no further right to access, review or use in any manner any KnowledgeNet content. KnowledgeNet reserves the right to terminate your subscription if, at its sole discretion, KnowledgeNet believes you are in violation of this License Agreement. Upon the occurrence of any of these termination events, no refund will be made of any amounts previously paid to KnowledgeNet.
The Company reserves the right, in its sole discretion, to terminate your access to and use of the Web Site or any part hereof, and to remove and discard any material posted by you hereon, for any reason whatsoever, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that the Company will have no liability or responsibility for the performance or nonperformance of such activities. The Company may also, in its sole discretion and at any time, discontinue operation of the Web Site, or any part hereof. Any such termination may be effected without any prior notice. Upon any such termination, the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Web Site generally. Further, the Company shall not be liable to you or any third-party for any termination of your access to the Web Site.
3. Proprietary Materials
(a) The Site contains copyrighted material, trademarks, and other proprietary and confidential information of KnowledgeNet and others (collectively “Proprietary Material”), including, but not limited to, video, text, software, photos, graphics, image, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material. Copyrighted materials may only be accessed through the Site, and not from any other unauthorized site.
(b) The entire Site is: Copyright 2016, KnowledgeNet Enterprises LLC. All Rights Reserved. Complying with all applicable copyright laws is the responsibility of the user. Except as otherwise expressly permitted by these Terms, or as permitted under copyright law, no posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Material in any form or by any means, for any purpose, is permitted without the express written permission of KnowledgeNet.
(c) All KnowledgeNet marks and logos are service marks and trademarks of KnowledgeNet Enterprises LLC. Other trademarks, service marks, and logos which may be used in the Site are the trademarks, service marks, or logos of their respective owners. Third party content and software required by or made available by or through this Site is the property of its respective owner and use is subject to the license or terms provided by such owner. Hypertext links may be provided only for your convenience and do not and should not be viewed as suggesting any association with or endorsement of or by such linked sites.
4. Limited Warranty
(b) KnowledgeNet does not warrant that the content or functions of the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free.
(c) KnowledgeNet shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Site.
(d) KnowledgeNet has no control over the content of Web sites that may be linked to the Site through hypertext links (“Linked Sites”), and is not responsible for their content, software, or privacy practices. The Linked Sites are provided for your convenience only and you access them at your own risk.
Our Product includes significant elements (e.g., organization, algorithms, logic) that we maintain as confidential information; it is a trade secret of and proprietary to us, our suppliers or licensors, including the specific internal design and structure of individual programs and associated interface information. You must maintain our Product in confidence and prevent disclosure of its confidential aspects. Our Product is protected by US, EU and international patent, copyright, or other laws and treaties.
6. Limitations On Liability, Remedies, and Indemnification
(a) KNOWLEDGENET IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(b) In no event shall KnowledgeNet be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Site, even if KnowledgeNet has been advised of the possibility of such damages.
(c) In the event of any breach of the terms of the Agreement, KnowledgeNet reserves the right to seek and recover damages for such breach, including but not limited to damages for copyright infringement, trademark infringement and for unauthorized use of KnowledgeNet content Definitions. KnowledgeNet also reserves the right to seek and obtain injunctive relief in addition to all other remedies at law or in equity.
(d) You agree to indemnify and hold KnowledgeNet, partners, or subsidiary organizations, officers, agents and employees, harmless from any claim, loss, demand, or damage, including reasonable attorneys' fees, asserted by any third party resulting from your breach of any provision of these Terms, your negligent or wrongful acts, and/or your violation of any applicable laws.
7. Modification Of Agreement Or Service
(a) KnowledgeNet has the right to modify these Terms in any manner and at any time, without notice or liability. Any modification is effective immediately upon posting on the Site. Your continued use of the Site following any modification of these Terms means you accept and agree to such modification(s). You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of KnowledgeNet in providing the Site, is to cease use of the Site.
(b) KnowledgeNet may at any time, without notice or liability, change or eliminate any content or feature of the Site, or restrict the use of any portion of the Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service related change or elimination is to cease use of the Web Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any reason.
8. Fees, Refunds & Cancellations
(a) Fees and Renewals
- Subscriptions automatically renew on or near the same day of each month or year unless disabled by the Subscriber.
- KnowledgeNet may increase subscription fees for subsequent periods at any time and for any reason.
- If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your subscription within 21 days of the initial training launch date for a refund. All merchandise received by the user must be returned complete with proof of purchase in the form of an invoice or receipt. Training cannot be cancelled after this initial 21 day period has passed.
- KnowledgeNet may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information. If your account becomes past due to the point of collections, all promotions or discounts given at the time of sale will be retracted and you will be responsible for paying the MSRP price upon resolution of collections.
- Access to the Site under these Terms is granted only upon payment of the subscription fees.
9. Data Protection
KnowledgeNet and you shall comply with the provisions of applicable data protection laws. KnowledgeNet takes the protection of your personal data very seriously and strictly abides by the data protection laws that apply to it. KnowledgeNet collects, processes and uses your data for the implementation and processing of the contractual relation with you. Your data will not be shared with third-party advertisers without your prior consent. Non-personal or anonymous data may be collected automatically to improve functionality and your experience with our Product, in particular to facilitate and improve the provision of software updates, Support, Content, and other services.
(a) Failure by KnowledgeNet to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
(b) These Terms, and all other aspects of your use of the Site, shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. No action of any kind or nature arising out of these Terms, or out of any use of the Site, may be brought by either KnowledgeNet or you more than one year after the date on which the cause of action first arises. You agree to submit to the exclusive jurisdiction of, the state and federal courts sitting in Maricopa County, State of Arizona, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce any claim arising under these Terms, the prevailing party will be entitled to costs and attorneys’ fees.
(c) These Terms constitute the entire agreement between you and KnowledgeNet with respect to the Site and supersedes all prior agreements or understandings between you and KnowledgeNet with respect thereto. Updated January, 2016.