TERMS OF USE
LAST REVISED: January 1, 2020
These Terms of Use (“Terms”) govern the use of the website PrivacyKnow.com (“we,” or “us”). By accessing and using the website, you accept and agree, without limitation, to the following terms. Following any change to the Terms of Use constitutes your agreement to those changes. If at any time you choose not to accept the Terms of Use that are in effect at such time, you should not access or use the website. It is your responsibility and you are encouraged to thoroughly read and review these Terms of Use each time you use the PrivacyKnow.com website and participate in any of the website’s services.
ACKNOWLEDGMENT
By using PrivacyKnow.com, you affirm that you are over the age of 18 and that you are able to form a binding, legal contract. PrivacyKnow.com is not intended for use by consumers under the age of 18. You agree not to use the website for any purpose that is unlawful or prohibited by these Terms of Use. Our Privacy Policy is incorporated into, subject to, and made part of these Terms of Use. PrivacyKnow.com provides an infomediary service that will attempt to connect you with third party service providers and we do not charge you a fee for the use of our website or services. Our website is free to use. However, the owner of this website has a financial connection to the providers of the goods and services referred to on the website. The owner may receive payment for each qualified sale or payment for each potential customer referral.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES
PrivacyKnow.com may, from time to time, (i) link to other sites that we feel may be useful to you, and (ii) post content to our website that is supplied by third parties, including independent third party service providers (collectively “Third Party Content”). Third Party Content is not under the control of PrivacyKnow.com. PrivacyKnow.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content, any services accessible by hyperlink or referred from our website, links contained in any Third Party Content, or any review, changes, or updates to a third party website or for third party websites that link to our website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in Third Party Content are those of the respective authors or distributors and not of PrivacyKnow.com. The existence of such third party links should not be considered an endorsement or recommendation of those websites or any products and/or services offered on those websites. It is important to note that once a consumer leaves our website, these Terms of Use do not govern your use of any third party website and consumers are encouraged to review the applicable terms of use and privacy policies of any third party websites.
INTELLECTUAL PROPERTY
All information, materials, images, photographs, articles, functions, text, and other content provided by or on behalf of PrivacyKnow.com on this website (collectively, “website content”) are the sole property of PrivacyKnow.com. The website and all of its content and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States. PrivacyKnow.com reserves all rights, in and to the website and the website content. Unless otherwise noted, the PrivacyKnow.com name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the website are the property of PrivacyKnow.com, its affiliates, or licensors. You may not distribute, display, or disseminate any such documents, pages, images, materials or content without the prior, express written consent of PrivacyKnow.com. Nothing contained on this website shall be construed as conferring any right or license under any trademark, copyright, or other intellectual property right. Any unauthorized use of this website or any of the website content will terminate the permission or license granted herein and may violate applicable copyright and intellectual property law. You will not alter, adapt, or otherwise modify any part of the website or website content.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PRIVACYKNOW.COM, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS, INCLUDING WITHOUT LIMITATION, PRIVACYKNOW.COM’S SERVICE PROVIDERS, , AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, FOR ANY CLAIMS, CAUSES OF ACTIONS, PROCEDURES OR ALLEGATIONS ARISING OUT OF OR RELATING TO ANY VIOLATION OF THESE TERMS, YOUR USE OF THE WEBSITE, WEBSITE CONTENT OR USER CONTENT (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE ON YOUR BEHALF. PRIVACYKNOW.COM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO DEFENSE BY YOU.
DISCLAIMER OF WARRANTIES
PRIVACYKNOW.COM UTILIZES REASONABLE EFFORTS TO ENSURE THE INFORMATION PRESENTED ON THIS WEBSITE IS ACCURATE, BUT CANNOT GUARANTEE SUCH ACCURACY. THE WEBSITE, THE WEBSITE CONTENT, AND USER CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE WEBSITE CONTENT OR USER CONTENT ON THE WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THE WEBSITE FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE WEBSITE CONTENT OR USER CONTENT ON THE WEBSITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PRIVACYKNOW.COM, ITS AFFILIATES, BUSINESS PARTNERS, AND/OR ANY OTHER PARTIES INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE DAMAGES, OR ATTORNEY’S FEES ARISING OUT OF A CONSUMER’S ACCESS TO, OR USE OF, THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND PRIVACYKNOW.COM’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
COMPLIANCE WITH APPLICABLE LAWS
You agree to comply with all applicable federal, state, and local laws, regulations and rules that apply to your activities when using the website. PrivacyKnow.com reserves the right to terminate any account with respect to this website and to prevent your use of the website if such account is used to engage in illegal activity or to violate these Terms of Use. PrivacyKnow.com may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities.
PRIVACY PRACTICES
Our Privacy Policy is incorporated into, subject to and made part of these Terms.
MODIFICATION
PrivacyKnow.com reserves the right to modify these Terms of Use from time to time. Your use of the website after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions. These Terms govern your current visit to the website, not any future visit. As your next visit to the website may be governed by different terms posted at this page and you should review the terms on this page each time that you visit the website.
SEVERANCE
These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The headings used in these Terms of Use are intended for convenience only, and shall not affect the drafting or interpretation hereof or thereof.
NO WAIVER OF TERMS
PrivacyKnow.com’s failure to enforce any provision of these Terms of Use shall not be construed as a waiver of such or any future provision.
LAW AND VENUE
These Terms of Use, and the interpretation, performance, and enforcement of your and PrivacyKnow.com’s rights and duties, shall be construed in accordance with the laws of the State of Nevada, except for any conflict or choice of law principle thereof that would lead to the application of another jurisdiction’s laws to the rights and duties of the parties. Any claim you may have against this site must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding.
CLASS ACTION WAIVER
To the extent allowed by law, you and this site each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. YOU HEREBY UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THIS SITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
BINDING ARBITRATION
You and this Website (the “Parties”) agree to submit any dispute arising out of or in any way relating to this Site to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association (“AAA”) in Las Vegas, Nevada, rather than a proceeding in a court of law. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration aware shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of this Site’s copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. BY AGREEING TO ARBITRATION, YOU AGREE THAT THE PARTIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
USE OF PrivacyKnow.com
PrivacyKnow.com reserves the right, its sole discretion, to restrict, in whole or in part, your use of the website, any website content, and any third party’s user content at any time with or without notice for any or no reason.
MISCELLANEOUS
PrivacyKnow.com makes no representations that the website is appropriate or available for use in locations outside of the United States. By offering this website and its content, no distribution or solicitation is made by PrivacyKnow.com to any person to use the website or its content in any jurisdiction where the provision of this website is prohibited by law. You affirmatively agree to obey all federal, state, and local laws, regulations, and rules that apply to your activities when you use the website. All rights not expressly granted are reserved to PrivacyKnow.com.
CONTACT INFORMATION
If you have any questions regarding these Terms, please visit our “Contact Us” page.