Terms of Use

Effective October 17, 2013

Please read these Terms of Use carefully. These Terms of Use apply to your access to and use of www.knownact.com, which is owned and operated by InstantInsight Inc. (doing business, and referred to herein, as “know’N’act,” “we” or “us”). By accessing or using this website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms herein, do not use this website. These Terms of Use do not alter the terms or conditions of any other agreement you may have with know’N’act.

ELECTRONIC COMMUNICATIONS

When you visit www.knownact.com, or send e-mails to us, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on know’N’act’s site.

When you request information from us, or enter secure areas of our website, we may require that you provide some information about yourself by registering for an account or completing an online form. For example, situations where we will ask you to provide information include, but are not limited to:

When requesting a service, license keys or printed materials;
When subscribing to publications or mailing lists (you will be able to “unsubscribe” at any time);
When requesting product information or other information from know’N’act;
When registering for a user forum or to attend a know’N’act-sponsored event;
When participating in contests or surveys;
When registering a product you have purchased; and
When entering a limited-access, premium portion of our website, such as our customer support knowledge base.

The information we require is necessary to fulfill your request and to provide you further information about our products, services and support.
We may ask additional questions about the primary business and size of your company, your professional role, or what products you currently use so that we can better tailor our website and communications to your needs. Each online form will clearly specify which information is required and which is optional.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of know’N’act or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of know’N’act and protected by U.S. and international copyright laws.

TRADEMARKS

”know’N’act,” “InstantInsight” and other know’N’act graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of know’N’act. know’N’act’s trademarks and trade dress may not be used in connection with any product or service that is not know’N’act’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits know’N’act. All other trademarks not owned by know’N’act that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by know’N’act. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by know’N’act.

LICENSE AND SITE ACCESS

Except as otherwise expressly provided, know’N’act grants you a limited license to access and make use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of know’N’act. This license does not include: any resale or commercial use of this site or its contents, except as expressly permitted by know’N’act; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of know’N’act. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of know’N’act without express written consent. You may not use any meta tags or any other “hidden text” utilizing know’N’act’s name or trademarks without the express written consent of know’N’act. Any unauthorized use terminates the permission or license granted by know’N’act. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.knownact.com so long as the link does not portray know’N’act, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any know’N’act logo or other proprietary graphic or trademark as part of the link without express written permission.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

In certain locations on our website, visitors may post reviews, comments and other content and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead others as to the origin of User Content. know’N’act has the right but not the obligation to monitor and edit or remove any activity or User Content on our website. know’N’act takes no responsibility and assumes no liability for any User Content. If you do post or submit User Content, and unless we indicate otherwise, you grant know’N’act a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant know’N’act and our sublicensees the right to use the name that you submit in connection with such content.

REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, know’N’act has adopted a policy of terminating, in appropriate circumstances and in know’N’act’s sole discretion, account holders or other users of our website who are deemed to be repeat infringers. know’N’act may also, in our sole discretion, limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on our website infringes any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: Compliance Officer
Address: 2889 152nd Ave NE, Suite B, Redmond WA 98052
Phone: (425) 749-7350
Fax: (425) 869-6811
Email: compliance@knownact.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless know’N’act and our partners, independent contractors, service providers, consultants and our respective directors, officers, employees and agents from and against any claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys’ fees) arising out of or related to (a) your use of this website; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the website; (c) your violation of these Terms of Use or (d) your violation of the rights of another.

DISPUTES

These Terms of Use and your use of the site will be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any dispute relating in any way to your use of this site shall be adjudicated in the state or federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts and to the enforceability of any judgment rendered by such courts.

MODIFICATIONS TO THE SITE

We reserve the right to modify or discontinue, temporarily or permanently, this website or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the site or any part thereof.

RESPONSIBILITY FOR THE PROTECTION OF YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
know’N’act reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY know’N’act ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. know’N’act MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, know’N’act DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. know’N’act DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OUR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM know’N’act ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. know’N’act WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

SEVERABILITY If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provisions shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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