TERMS OF USE This website (this “Site”) is owned and operated by Knowledge Factor, Inc. (“KFI”, “we”, “us” or “our”). By visiting this Site, you accept and agree to be bound by these terms of use (these “Terms of Use”), including any future changes that we may make to these Terms of Use, and to abide by all applicable laws, rules and regulations (collectively, “Applicable Law”). We encourage you to read these Terms of Use regularly. You should also note that your access to and use of certain KFI services may require you to accept additional terms of use applicable to such services.
OUR SITE These Terms of Use apply only to your use of this Site and you should note that if you register for any courses that either we or our resellers offer, you will be directed to a password protected website, the use of which is governed by different terms of use.
OWNERSHIP OF INTELLECTUAL PROPERTY Other than third party materials that KFI uses with permission or in accordance with Applicable Law, KFI owns all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, or other copyrightable elements, and the selection and arrangements thereof, trademarks, service marks and trade names on this Site (collectively, the “Content”). The Content is protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. KFI grants you a personal, nonexclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Content and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via your own or a third party website) without KFI’s express prior written consent, as long as your local national law does not permit you to do so. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the Content, again, as long as your local national law does not permit you to do so. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under Applicable Law. KFI neither warrants nor represents that your use of the Content will not infringe rights of third parties. The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are registered and unregistered marks of KFI or are otherwise used by KFI with permission. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without KFI’s written permission. Your use of the Trademarks displayed on this Site, except as provided in these Terms of Use, is strictly prohibited. KFI will aggressively enforce its intellectual property rights to the fullest extent of the law. DISCLAIMER AND LIMITATION OF LIABILITY. THIS SITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. While KFI uses reasonable efforts to include accurate and up to date information on this Site, KFI is not responsible or liable for any infections or contamination of the system you utilize to access this Site, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and Content contained on this Site. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KFI, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THIS SITE WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY KFI OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall KFI’s liability for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of One United States Dollar or the amount, if any, that was paid to KFI in order to access this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
PRIVACY Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.
COPYRIGHT COMPLIANCE POLICY To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable copyright laws, KFI will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your copyrights, you may submit notification in accordance to the DMCA by providing KFI with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Please send all written correspondence of alleged infringements to: Knowledge Factor, Inc., 4775 Walnut Street, Suite 210, Boulder, Colorado 80301, Attn: JK Hullett, copyright agent. You may also contact KFI’s copyright agent by email at agent@knowledgefactor.com.
LINKS TO THIRD PARTY SITES KFI has not reviewed the sites linked to this Site and is not responsible for the content of any websites owned or operated by third parties. Please note that when you leave this Site, you do so at your own risk.
CHATROOM/MESSAGE BOARDS/OTHER POSTINGS To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (collectively, “Postings”), please be advised that Postings do not necessarily reflect the views of KFI or any of its licensors. In no event shall KFI assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize KFI to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, KFI will have the right to use, change or delete Postings in any manner that KFI may determine, in its sole discretion. Additionally, KFI may sweep its chatrooms and/or message boards periodically in its sole discretion.
KFI does not allow Postings which contain:
- private or personal information which might identify a user;
- profanity or obscenities;
- personal attacks on other individuals;
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that KFI deems in its sole discretion to be inappropriate for this Site or that is otherwise contrary to law.
The chatrooms/message boards may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although KFI periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nevertheless, KFI will make every effort to ensure that the chatrooms/message boards best serve the interests of all users and, therefore, KFI reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on this Site (including, without limitation, Postings) violates any of the terms of these Terms of Use please click here to send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
INDEMNITY You agree to indemnify, defend and hold KFI and its subsidiaries and affiliates, and their respective officers, shareholders, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees and the fees of other professionals) incurred by any Indemnified Party in connection with any culpable breach by you of these Terms of Use. KFI reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with KFI’s defense of such claim.
APPLICABLE LAW, VENUE, JURISDICTION These Terms of Use and the relationship between you and KFI shall be governed by the laws of the State of Colorado without regard to any provision of its laws which would require the application of the laws of a different jurisdiction. For any dispute arising under these Terms of Use, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Boulder County, Colorado. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
MISCELLANEOUS These Terms of Use, together with KFI’s privacy policy and any other policy posted at this Site, are the entire agreement between KFI and you relating to this Site and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to these Terms of Use, this Site or your access and use of this Site. Notwithstanding the foregoing, your use of this Site may also be subject to an agreement between KFI and your employer or school or some other party with which you have a relationship (each such an agreement, a “Third Party Agreement”). Your use of this Site is also limited by relevant provisions of those Third Party Agreements. If any provision of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision to the extent permitted by Applicable Law, and such finding will not affect the balance of these Terms of Use, which will remain valid and enforceable. KFI operates and controls this Site from its offices located at 4775 Walnut Street, Suite 210, Boulder, Colorado 80301, United States of America. This Site is intended for residents of the United States and other countries permitted by applicable law. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
