End User License Agreement
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Your stuff is yours; your knowledge, your Genie.
You won't violate copyright and other laws.
If illegal use is reported to us by someone or the police, we will take action.
These Terms of Service ("Terms") govern your use of Knowledge Genie operated by Hit The Ground Running Inc. ("Company") Web site located at http://www.myKnowledgeGenie.com (the "Site") and the services that are made available through the Site (collectively, the "Knowledge Genie Service"). By using the Knowledge Genie Service, you are stating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Knowledge Genie Service.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Knowledge Genie Service and for paying all charges related thereto. You agree not to use the Knowledge Genie Service to violate any local, state, national, or international law or regulation.
Confidentiality of Private (Paid) Accounts. All Author Submissions contained in a private (paid) account will be deemed to be the "Confidential Information" of the individual or entity that has established such private Knowledge Genie account (the "Genie Owner"). Company agrees that it will use Confidential Information solely for the purpose of providing the Knowledge Genie Service to authorized users with respect to the private account to which such Confidential Information relates. In addition, Company agrees that it will disclose Confidential Information only to (a) Company's employees and contractors who have a need to know such Confidential Information for purposes of providing the Knowledge Genie Service, (b) individuals who have been authorized to access the relevant private account and (c) individuals to whom the Account Owner has authorized or directed Company to disclose Confidential Information. Notwithstanding the foregoing, Company will not be in violation of this Section 3 with respect to a disclosure of Confidential Information that is in response to a valid order by a court or other governmental body or that is otherwise required by law, provided that Company gives the Account Owner, if permitted by law, prompt written notice of such requirement prior to such disclosure and provides reasonable assistance to the Account Owner, at the Account Owner's expense, in efforts by the Account Owner to obtain an order protecting such Confidential Information from public disclosure. Upon removal of a private account from the Knowledge Genie Service, Company will return to the Account Owner or destroy all copies of any Confidential Information from such private account in Company's possession, provided that the Account Owner requests the same in writing within thirty (30) days after such removal. In no event will the following information be considered Confidential Information under this Section 3: (a) any information that was publicly known prior to the time of disclosure to Company; (b) any information that becomes publicly known after disclosure to Company other than as a result of a breach of this Section 3 by Company; (c) any information that is already in the possession of Company at the time of disclosure to Company; or (d) any information that is independently developed by Company.
Company respects the intellectual property rights of others. Accordingly, Company has a policy of disabling access to any Submission that violates copyright law, suspending access to the Knowledge Genie Service to any user who uses the Knowledge Genie Service in violation of copyright law,
and/or terminating in appropriate circumstances the account of any user who uses the Knowledge Genie Service in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Company has implemented procedures for receiving written notification of claimed copyright infringement
and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Knowledge Genie Service, please provide written notice to Company's designated agent for notice of claims of copyright infringement at:
Email: legal (at) Knowledge Genie (d0t) com
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Company to locate that material; (d) contain adequate information by which Company can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to Company's designated agent.
Our Trademark and Property
Knowledge Genie is a registered trademark of the Company. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with Company. The Knowledge Genie Program is protected by copyright, trademark, patent laws as well as other intellectual property laws and treaties. The Program and the accompanying documentation are licensed, not sold, to you. This includes any updates or upgrades to the Program licensed to you by Company. Subject to the terms of this agreement, you have a non-exclusive and nontransferable right to use the Program. This Program is "in use" on a computer when it is accessed by the licensed User. You agree to use your best efforts to prevent and protect the contents of the Program and Documentation from unauthorized use or disclosure. You may not rent, lease, sell or otherwise transfer or distribute access of the Program to others, nor may you create derivative works of the Program. You may not modify or translate the Program or Documentation without the prior consent of Company. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to create the source code from the Program. You agree that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or patent-pending or copyrighted material of Company. You agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Company. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material. You may not delete, remove, hide, move or alter any Icon, Image or Text that represents either the Company or any derivation thereof. All representations to the Company remain as originally distributed regardless of the presence or absence of a copyright symbol.
You agree that Company may terminate your Knowledge Genie Service membership or suspend your access to all or part of the Knowledge Genie Service, without notice, if Company determines, in its sole and absolute discretion, that you have violated these Terms. For example, Company may suspend or terminate your right to access the Knowledge Genie Service (and may suspend or terminate your and any other user?s access to any Genie?s you have created) if Company believes you are using the Knowledge Genie Service in a prohibited fashion as described in here. Further, you agree that Company shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the Knowledge Genie Service. You may discontinue your participation in and access to the Knowledge Genie Service at any time.
Modification to Terms
Company may, in its sole and absolute discretion, change these Terms (other than the terms set forth in Section 3) from time to time. Company will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Knowledge Genie Service. Continued use of the Knowledge Genie Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modification to Knowledge Genie Service
Company reserves the right to modify or discontinue the Knowledge Genie Service with or without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the Knowledge Genie Service.
Company's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Company's endorsement of such other Web site or resource or its contents. Company shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.
Disclaimer of Warranties
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE KNOWLEDGE GENIE SERVICE IS AT YOUR SOLE RISK. THE KNOWLEDGE GENIE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE KNOWLEDGE GENIE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). COMPANY MAKES NO WARRANTY THAT THE KNOWLEDGE GENIE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE KNOWLEDGE GENIE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE KNOWLEDGE GENIE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE KNOWLEDGE GENIE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE WORKS SERVICE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company. Liability shall be the minimum permitted under such applicable law. Indemnification. You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Knowledge Genie Service, (b) your (or anyone using your account's) use of the Knowledge Genie Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.
These Terms constitute the entire and exclusive and final statement of the agreement between you and Company with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Company with respect to the subject matter hereof. These Terms and the relationship between you and Company shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Knowledge Genie Service shall be brought in the Federal or State courts located in Los Angeles County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Company and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Knowledge Genie Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Knowledge Genie Service.
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