These Terms and Conditions of Use ("Agreement") is a legal agreement between you and The Knowledge Stack LLC (TKS) (hereinafter referred to as "Website Owner"}, the owner and developer of TKS. By registering for any service provided on TKS you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY TKS SERVICE.
The Terms are subject to change at any time, effective upon notice to you.
TKS RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
1. Limitations of Liability and Indemnification
CLIENT AGREES THAT TKS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR TKS WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TKS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS , AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE FEES PAID BY CLIENT TO TKS FOR THE APPLICABLE SERVICE OUT OF WHICH SUCH LIABILITY AROSE.
CLIENT AGREES TO INDEMNIFY AND HOLD TKS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE "INDEMNIFIED PARTIES") HARMLESS FROM ANY BREACH OF THE TERMS OF THIS AGREEMENT BY CLIENT. CLIENT AGREES THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE OF TKS OR ANY INFORMATION OBTAINED FROM OR THROUGH TKS, AND CLIENT AGREES TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES,
JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. CLIENT WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF CLIENT'S USE OF TKS AND ANY INFORMATION ACCESSED FROM THIS WEBSITE.
2. Responsibility for Use of Website
You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on TKS. You understand that TKS and Website Owner do not perform psychological testing or background checks on the individuals who may use the TKS services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by TKS, which includes, but is not limited to: exchanging email first before giving out any personal information and meeting in a public place.
3. Do Not Rely on TKS
Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from TKS or Website Owner. TKS and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
4. Warning RE: Offensive Information
It is possible that other TKS clients will post or send obscene or offensive materials on the site or to you via email. It is also possible that by using your email address, other people may, through other means outside the control of TKS, have access to personal information about you. TKS, Website Owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
5. Right to Monitor
TKS and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact TKS immediately. It is up to you to maintain the confidentiality of your password and account. TKS is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.
It is agreed that all personal information given to TKS or Website Owner, will be kept confidential by TKS and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by TKS, in which case the confidentiality clause contained in this Agreement is rendered null and void.
Any passwords used for this website are for the Client's individual use only. You will be responsible for the security of your password(s). From time to time, TKS may require that you change your password. You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the TKS reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Website reserves the right to investigate suspected violations of this Agreement. Website and Website Owner reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing TKS to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
7. Ownership, Copyrights, Trademarks, Licenses
You acknowledge and agree that the website and any software or programs used with respect to any TKS's services contain proprietary and confidential information that is the property of the Website Owner and its licensors and is protected by applicable intellectual property and other laws. No rights or titles to any of the proprietary and confidential information on TKS or any software used in connection with any of its services is provided, transferred or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of TKS's services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works appearing in TKS are the property of the Website Owner. TKS retains all rights with respect to any intellectual property appearing on the website, and no rights in such materials are transferred or assigned to you.
8. No Warranties
THE USE OF TKS AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TKS MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED.
Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of 1 arbitrator sitting in United States, State of California. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of State of California. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 1. of this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such an event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
You certify that you are at least 18 years of age and that your answers to the registration materials on TKS will be truthful. In accessing and using TKS, you understand and agree that basic information concerning you, given to TKS, will be published on the web-site for others to
view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PROVIDED BY THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS WEBSITE FOR ANY PURPOSE.
12. Entire Agreement
This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and TKS and Website Owner with respect to the TKS and any service it provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use TKS or any of its services. Website Owner may revise these Terms and Conditions of Use at any time, and such changes will be effective from and after the date that the same are delivered to you by email or regular mail. Your continued use of TKS after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
If you have any questions regarding this Agreement, please contact the website at email@example.com.