Thank you for coming to KnowRecall.com!
KnowRecall.com, (collectively referred to as the “Site” or “Know Recall” or KnowRecall.com, in these Terms of Service) is owned and operated by KnowRecall.com By using and accessing our Site, you (“you”, “user” or, “end user”) agree to these Terms of Service (collectively, the “Terms” or “Agreement”). By using or accessing Know Recall’s services, website and application software provided through or in connection with the service (“Service”), you agree that you have read, understood, and are bound by the Site Terms of Service (“Agreement”), whether or not you are a registered or authorized user of our services.
We reserve the right to change these Terms, from time to time, with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and the Service after such modifications will constitute acknowledgement and acceptance of the modified Terms.
BY USING THIS SITE AND THE SERVICE ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THE SERVICE AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES OR THE SERVICE.
Who Can Use Know Recall
You may use our Products only if you can form a binding contract with Know Recall, and only in compliance with these Terms and all applicable laws. When you create your Know Recall account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
User Created Content and responsibility
A. Some areas of the Service may allow Users to post reviews, comments, questions, photos, videos and other information (“User Content”). You are solely responsible for your User Content that you submit, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. KnowRecall.com, is in full compliance with Section 230 of the Communications Decency Act, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” For more information on alleged copyright violations by users, or on how to report alleged infringement, please see our copyright section.
B. You agree not to utilize or otherwise access the Site for any unlawful purpose or for any purpose that encourages or facilitates unlawful or criminal conduct or to post or transmit any material that is in any way infringing or otherwise in violation of the rights of others, including but not limited to engaging in conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to utilize the Site for the purpose of advertising or solicitation without the express prior written consent of KnowRecall.com, .
C. Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code, information, pictures, or other material that:
i. is unlawful, threatening, abusive, harassing, defamatory, deceptive, inaccurate, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iv. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
vi. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
vii. impersonates any person or entity, including any of our employees or representatives.
Know Recall has the right to edit and/or alter any submission. Know Recall reserves the right not to use the submission at all and/or to use as much or as little of the submission as it chooses. Know Recall neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings, in our sole discretion and without prior notice to you. We are not responsible for any failure or delay in removing such postings.
Third-Party Sites, Information and Products
This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
From time to time, this Site may include advertisements or information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation or responsibility for any part of any such purchase or promotion.
KnowRecall.com, Intellectual Property
For purposes of these Terms, “content” is defined as any information, communications, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site
You acknowledge that (i) content on Know Recall is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Know Recall, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights.
By submitting content, which shall include your member name, to any “public area” of Know Recall, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to KnowRecall.com, , you hereby grant Know Recall a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on Know Recall retains any and all Rights that may exist in such content.
You agree to defend, indemnify, and hold KnowRecall.com, , its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.
Know Recall is not obligated to review content posted by users prior to the contents posting to any area of Know Recall, including any private profile. Content posted by any user to Know Recall does not reflect the opinions or views of Know Recall, its parent, subsidiaries or affiliates. Know Recall makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Know Recall members through any Know Recall service.
Neither Know Recall nor Know Recall Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOGS, CHATS, OR ANY OTHER AREA ON KNOW RECALL, YOU HEREBY EXPRESSLY PERMIT KNOW RECALL TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT.
Your Intellectual Property Rights
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing User or User Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). For information on Copyright, see our Copyright Section.
If you believe that you or someone else’s copyright has been infringed by a User or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder reference our copyright section.
Know Recall may terminate or suspend this license at any time, with or without cause or notice to you.
We care about the privacy of our Users. http://lifeaspire.com/privacypolicy.html. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
In order to access some of the Services on this Site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account.
Know Recall cannot guarantee that unauthorized third parties will never be able to defeat the above mentioned security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
KNOW RECALL MAKES NO WARRANTY THAT KNOW RECALL WILL MEET YOUR REQUIREMENTS, OR THAT KNOW RECALL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KNOW RECALL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KNOW RECALL. KNOW RECALL WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF KNOW RECALL.
YOU UNDERSTAND AND AGREE THAT KNOW RECALL DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH KNOW RECALL.
KNOW RECALL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN KNOW RECALL, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN KNOW RECALL IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KNOW RECALL OR THROUGH KNOW RECALL, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
KNOW RECALL IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE KNOW RECALL. KNOW RECALL MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH KNOW RECALL MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST KNOW RECALL WITH RESPECT TO SUCH SITES.
BY PERMITTING ADVERTISING, KNOW RECALL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. KNOW RECALL SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING ON KNOW RECALL, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY KNOW RECALL AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR POSTINGS. BY RESPONDING TO AN ADVERTISEMENT ON KNOW RECALL, YOU WAIVE ANY CLAIMS AGAINST KNOW RECALL FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
KNOW RECALL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KNOW RECALL SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KNOW RECALL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KNOW RECALL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
For any dispute you have with Know Recall, you agree to first contact us and attempt to resolve the dispute with us informally. If Know Recall has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Binding arbitration will take place in Maricopa County, Arizona. You consent to personal jurisdiction in this forum. No other forum will be utilized unless agreed to by Know Recall, and Know Recall retains sole rights on forum selection.
The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FAITH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In the event that Know Recall determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Know Recall, Know Recall, reserves the right to (i) delete any or all content provided by you or your agent(s) to Know Recall,; (ii) discontinue your registration(s) with Know Recall, and/or any other Know Recall, community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service used through Know Recall,; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Know Recall, deems to be appropriate.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Know Recall, without restriction.
Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited. Even if the Site is used outside of the US, Arizona law, as well as the Terms of Service agreed to herein, will control.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Arizona, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Maricopa County, Arizona or the United States District Court for the District of Arizona. Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees
All notices to Know Recall shall be in writing and shall be sent to KnowRecall.com, at [email protected] You agree to allow us to submit notices to you using the email address provided by you in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Know Recall’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you have any questions or concerns please feel free to contact us at [email protected]
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