Effective August 10, 2021
- Ownership. All content included on the Site is and will continue to be the property of [Knox Associates, Inc.] , d/b/a Knox Company, an Arizona corporation (“Knox,” “we,” “us,” or “our”) or our content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this TOU. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
In addition to the foregoing, if you send feedback, ideas or suggestions (collectively, "Unsolicited Ideas"), you agree that: (a) your Unsolicited Ideas become the property of Knox and you are not owed any compensation in exchange; (b) none of the Unsolicited Ideas contain confidential or proprietary information of any third party; (c) Knox may use or redistribute Unsolicited Ideas for any purpose and in any way; (d) there is no obligation for Knox to review your Unsolicited Ideas; and (e) Knox has no obligation to keep any Unsolicited Ideas confidential.
- Intended Audience. The Site is intended for adults only. This Site is not intended for any children under the age of 13.
- Trademarks; Intellectual Property Rights. The Knox registered trademarks are either trademarks or registered trademarks of Knox. Other product and company names, if any, mentioned on the Site may be trademarks of their respective owners. Nothing contained herein or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to you to use any trademarks or intellectual property of Knox or any third party owners thereof.
You agree and acknowledge that the structure, organization and code used in conjunction with the Site are proprietary to Knox. You shall not, and shall not permit or assist any person or entity to: (i) alter, enhance or make derivative works of the Site; or (ii) reverse engineer, reverse assemble or decompile or otherwise attempt to derive source code from the Site.
- Site Use. Knox hereby grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, or use our materials, intellectual property, products or services in violation of any law. Further you agree that you will not, and will not allow third parties to, use our Site (or any interfaces included in the Site) to:
- participate in, or promote any activity considered illegal;
- launch any unlawful, invasive, infringing, defamatory or fraudulent software or enterprise;
- intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
- interfere with anyone’s use of our Site, or interfere with the software and equipment used to provide maintain our Site;
- disable, interfere with, reverse engineer or circumvent any aspect of our Site;
- take any action to allow users to infringe or misappropriate the intellectual property rights of others, including private information of other persons;
- generate, distribute, or facilitate unsolicited mass email, or advertising; or
- access any other company’s product or service in a manner that violates the terms of service of such other product or service.
The use of the Site is at the discretion of Knox and Knox may terminate your use of the Site at any time with or without notice.
- Representations and Warranties; Compliance with Laws. In addition to any other representations and warranties set forth in the TOU, you hereby represent and warrant to Knox that: (a) you have full power and authority to enter into and perform your obligations set forth in these TOU; (b) the execution of the TOU and performance of your obligations will not breach, or materially conflict with, any other agreement to which you are bound; and (c) you understands and agrees that the TOU are a legal, valid, and binding obligation enforceable by law according to its terms and conditions.
You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you in connection with your use of the Site is truthful and accurate to the best of your knowledge. In addition, you represent and warrant that you have the right and authority to provide us all information you provide about yourself and others. You are responsible for ensuring that any information submitted or provided to the Site by you is not provided in violation of any copyright, trade secret or other intellectual property or ownership rights of another person or entity or of any applicable law. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of information to the Site.
- Indemnification. You agree to indemnify, defend and hold Knox and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this TOU or your use of the Site.
- Disclaimer. We will use commercially reasonable efforts to ensure that all information presented on the Site is materially accurate and up-to-date, but we do not warrant the information. And while we have tried to make the Site as attractive and functional as possible, use of the Site and its contents are at your own risk. WE DO NOT WARRANT THAT (I) THE SITE'S FUNCTIONALITY WILL BE ERROR-FREE OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL PROGRAMS, (ii) THE FUNCTIONS OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT (iii) ANY DEFECTS WILL BE CORRECTED. NEITHER KNOX NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT BETWEEN USERS OF THE SITE. KNOX AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. KNOX DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. Knox makes no representation that information on the Site will be appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL KNOX BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ITS CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this TOU that directly conflict with such laws may not apply to you.
ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER TN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIMS RELATED TO THIS TOU AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Applicable Law. You agree that the laws of the state of Arizona, without regard to conflicts of laws, provisions will govern this TOU and any dispute that may arise between you and Knox or its affiliates.
- Severability. If any provision of this TOU shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this TOU will otherwise remain in full force and effect.
- Waiver. The failure of Knox to exercise or enforce any right or provision of this TOU will not operate as a waiver of such right or provision. Any waiver of this TOU by Knox must be in writing and signed by an authorized representative of Knox.
- Termination. Knox may terminate this TOU and/or your access to the Site at any time, with or without notice, for any reason.
- Relationship of the Parties. Nothing contained in this TOU or your use of the Site may be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
- Headings. The headings and captions used in this TOU are used for convenience only and are not to be considered in construing or interpreting this TOU.