knodemy User Terms of Service

Welcome to knodemy Inc. (“knodemy”, “our”, “us” or “we”). knodemy provides an online platform that connects tutors with individuals seeking tutoring services virtual classroom using text chat, document sharing and interactive whiteboard collaboration and other services (collectively, the “Services”) through our website www.knodemy.com (the “Site”). The Services include the ability for Users and Tutors (each as defined below) to interact via the knodemy platform’s interface.

PLEASE READ THIS AGREEMENT CAREFULLY. BY Registering to the site,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS. These User Terms of Service govern your access to and use of the Site, Services and Collective Content (defined below) and constitute a binding legal agreement between you and knodemy.

Key Service-related Terms

“Content” means text, graphics, images, software, audio, video, information or other materials.

“Collective Content” means, collectively, knodemy Content and User Content.

“Tutor” means a tutoring or educational services provider accessible via the Services.

“knodemy Content” means Content that knodemy makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.

“Lesson Services” mean any tutoring or educational services a User may receive from a tutor related to a User’s knodemy account or the Services.

“User” means a person who completes the account registration process to seek and/or schedule Lesson Services for a student or his or her self (e.g., a student, parent or guardian).

“User Content” means Content that a tutor or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Lesson Services or otherwise, including, but not limited to, Questions (e.g. User posted school and education-related questions via the Services to be answered by Tutors via the Services) and related answers posted by Users and Experts via the Services.

You understand and agree that knodemy acts only as an interface to facilitate communications between Users and Tutors and to collect payment from Users on behalf of Tutors. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT knodemy IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF knodemy. knodemy HAS NO CONTROL OVER THE CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these User Terms of Service and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, SEARCHING FOR A TUTOR VIA THE SITE OR SERVICES, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE USER TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE USER TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept and agree to these User Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these User Terms of Service and, in such event, “you” and “your” as used in this section will refer and apply to that company or other legal entity.

How the Site and Services Work

The Site and Services can be used to facilitate the provision of Lesson Services via our online platform and its video and text chat and document collaboration interface. As stated above, knodemy makes available a platform with related technology for Users to connect with Tutors online and conduct the Lesson Services via our online interface as requested by Users. knodemy’s role is solely to facilitate the availability of the Site and Services for Users and Tutors. Similarly, knodemy is not a contracting agent or representative of any Tutor or User. Tutors are not employees or agents knodemy.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND TUTORS FOR THE PROVISION OF LESSON SERVICES. knodemy CANNOT AND DOES NOT CONTROL THE ACTIONS OF ANY TUTORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. knodemy IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF TUTORS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS and TUTORS OR ANY OTHER THIRD PARTIES, AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS, ARE DONE AT THE USER’S SOLE RISK.

Eligibility; Account Registration and Usage: In order to access certain features of the Site and Services you must register to create an account (“Account”) and become a “User”. To become a User you must be at least 13 years of age and only Users that are at least 18 years of age may purchase the Lesson Services (defined below). Any purchase of Lesson Services by anyone under 18 is expressly prohibited and by doing so you represent and warrant that you are 18 or older.

Each such individual or User is referred to as an “Authorized User”. Via the Services, the Administrator can monitor the progress of Authorized Users. Without limiting any other terms of these User Terms of Service, as an Administrator you understand and agree that you will ensure that all Authorized Users comply with the terms and conditions of these User Terms of Service and will be solely liable for any violations thereof by your Authorized Users.

You can register to join the Services as a User directly via the Site. When you register with knodemy and set up your Account, you: (i) agree to provide knodemy with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize knodemy to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a password that you are not authorized to use.

You are responsible for safeguarding and maintaining the confidentiality of your login information and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You will immediately notify knodemy of any unauthorized use of your password or Account.

You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to or use the features of the Site and Services only made available to Users; and (ii) other Users to use a specific Lesson Service through your Account, including at the same time that you are doing so.

Purchasing Lesson Services: In order to pay for Lesson Services purchased via the Site and Services, except in connection with a Free Session (described below), Users 18 years of age or older must provide valid payment information. All Lesson Services purchased as a pre-paid package will be billed at the time of package selection. Lesson Services purchased as a pre-paid subscription package are charged on monthly basis depending upon the selections made via the Services at the time of choosing a subscription (the “Pre-Paid Minimum“). All Lesson Services fees are charged in USD currency. Detailed information about pricing for Lesson Services is available on the FAQ page.

When you choose to purchase Lesson Services via the Site and Services, you will be required to provide customary billing information such as your name and payment method. You agree to pay knodemy for any for an Lesson Services used or ordered by you or any other User of your Account and you hereby authorize the collection of such amounts by charging your chosen payment method, either directly by knodemy or indirectly, via a third party online payment processor. If you are directed to knodemy’s third party payment processor, you may be subject to additional terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the third party’s services. You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to use of the Site and Services via your Account, if any. All fees for Lesson Services are non-refundable and all sales are final, except as expressly provided in these User Terms of Service. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for the amount of the purchase. The selection of and pricing related to Lesson Services offered via the Site and Services may change at any time, at knodemy’s sole discretion.

Users will receive an email summary of Lesson Services and payment within a commercially reasonable time after the Lesson Services session is completed. If for some reason there is a discrepancy concerning Lesson Services charges, please contact us at support@knodemy.com. knodemy may require you to submit additional information in order to make a determination regarding your balance. Notwithstanding the foregoing, knodemy is not responsible if your Account is accessed or used by a third party without your permission.

Free Sessions: knodemy may offer free or discounted session during which Users may use the Services to receive Lesson Services from Tutors for the time period specified in the promotional offer (“Trial Period”). In order to use the Services during a Trial Period, you will be required to provide payment information as described in the section titled “Purchasing Lesson Services” above. Trials may not be combined with any other offer and are only available to Users who do not currently have an Account at the time of registration, unless otherwise stated in the promotion details. knodemy reserves the right, in its sole discretion, to revoke any Lesson Services time made available to you or purchased by you in connection with a Trial Period if it believes that you have created multiple Accounts via the Services. At the conclusion of the Trial Period, you will be billed for any time used beyond the specified Trial Period as described herein and via the Services.

Refunds: If for any reason you are not satisfied with a tutor after receiving a Lesson Services from such Tutor, please contact us at support@knodemy.com. All refunds are at knodemy’s sole discretion.

Lesson Credits: You may receive credits for Lesson Services time (“Lesson Credits”). Lesson Credits accrued in multiple Accounts may not be combined into one Account. Except as explicitly provided herein, Lesson Credits are non-transferable and, except where required by law, cannot be redeemed for cash, check or credit, applied to any other Account and have no value outside of the Site and Services. Any attempt to do any of the foregoing is in violation of these User Terms of Service and will result in an automatic termination of your rights to use the Lesson Credits.

Lesson Credits may be provided to you in the following instances: (i) if you choose to participate in the knodemy Referral Program (defined below) or (ii) if you purchase a package via the Site and Services in a particular subject, and knodemy is not able to find a tutor to provide Lesson Services in the applicable subject, knodemy will automatically provide a Lesson Credit to your Account within a commercially reasonable time. Lesson Credits based upon s may only be accrued once per twenty-four hour period. If you have not received a Lesson Credit in connection with a subject expert tutors availability search, please contact knodemy at support@knodemy.com. Decisions related to Lesson Credits will be made in knodemy’s sole discretion. Notwithstanding any other terms of these User Terms of Service, knodemy may terminate, suspend or discontinue the offer of Lesson Credits based upon subject expert tutors search any time for any reason, in its sole discretion, with or without notice to you.

knodemy Refer a Friend Program: As a Member, by referring your friends to register and join knodemy you may participate in our “Referral Program”. If you choose to participate in the Referral Program, for friends you refer to knodemy for which a Qualifying Referral is completed, you may receive Lesson Credits via the Services. The amount of Lesson Credits you may receive in connection with a Qualifying Referral will be determined by knodemy in its sole discretion. knodemy may also provide Lesson Credits to the friend who is the subject of a Qualifying Referral, in its sole discretion.

Interaction with Tutors and Use of Lesson Services: knodemy acts as a technology service that facilitates provision of Lesson Services between Users and Tutors and does not make decisions related to the provision of Lesson Services or contents thereof. knodemy does not endorse any Tutor and you are responsible for determining and confirming the identity and suitability of the Tutors interacted with as a result of your use, or use by any third party, of the Site and Services. In addition, although the knodemy Terms of Service for Tutors require Tutors to provide accurate information, we do not attempt to confirm, and do not confirm, any Tutor’s purported identity. We are not your agent or the agent of any Tutor. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Users.

By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Users or other third parties will be limited to a claim against the particular Tutor, User or the third parties who caused you, or such third party harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from knodemy with respect to such actions or omissions. In addition, knodemy is not responsible for the use or exchange of any information or files between Tutors and Users. Further, knodemy does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Tutors or Users.

Ownership: The Site, Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of knodemy and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

knodemy Licenses: Subject to your compliance with the terms and conditions of these User Terms of Service, knodemy grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any knodemy Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these User Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by knodemy or its licensors, except for the licenses and rights expressly granted in these User Terms of Service.

License Granted by User: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site or Services, you hereby grant the following license to knodemy which knodemy may exercise solely in connection with knodemy’s provision of the Services: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Tutors, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. knodemy does not claim any ownership rights in any User Content and nothing in these User Terms of Service will be deemed to restrict any rights that you may have to use and exploit any User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to knodemy and to the rights in such User Content, as contemplated under these User Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or knodemy’s use of the User Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Third Party Services: You understand and agree that provisions of the Lesson Services may require use of a third party website or service (each a “Third Party Service”). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Lesson Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. knodemy shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.

Copyright Policy: knodemy respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Users, Tutors or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

General Prohibitions:You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

You also agree not to:

Use, display, mirror or frame the Site, or any individual element within the Site or Services, knodemy’s name, any knodemy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without knodemy’s express written consent;

Access, tamper with, or use non-public areas of the Site, knodemy’s computer systems, or the technical delivery systems of knodemy’s providers;

Attempt to probe, scan, or test the vulnerability of any knodemy system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by knodemy or any of knodemy’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;

Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including but not limited to spiders, robots, crawlers, and data mining tools) other than the software and/or search agents provided by knodemy or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through your User knodemy account;

Use any meta tags or other hidden text or metadata utilizing a knodemy trademark, logo URL or product name without knodemy’s express written consent;

Use the Site, Services or Collective Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these User Terms of Service;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

knodemy will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. knodemy may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms of Service. You acknowledge that knodemy has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. knodemy reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that knodemy at its sole discretion, considers to be in violation of these User Terms of Service or otherwise harmful to the Site or Services.

Modification: knodemy reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these User Terms of Service, at any time and without prior notice. If we modify these User Terms of Service we will update the “Last Updated Date” at the top of these User Terms of Service. By continuing to access or use the Site or Services after we have updated the “Last Updated Date”, you are indicating that you agree to be bound by the modified User Terms of Service. If the modified User Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.

Termination and Account Cancellation: If you breach any of these User Terms of Service, knodemy will have the right to immediately suspend or disable your Account or terminate these User Terms of Service, at its sole discretion and without prior notice to you. knodemy reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event knodemy terminates these User Terms of Service due to your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@knodemy.com.

Disclaimers: THE SITE ANDSERVICES ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. knodemy AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. knodemy DOES NOT WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE.

YOU ACKNOWLEDGE AND AGREE THAT knodemy DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. knodemy SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM knodemy OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT knodemy DOES NOT HAVE AN OBLIGATION TO CONDUCT REFERENCE CHECKS ON OR TO INTERVIEW OR SCREEN ANY USER OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TUTORS, BUT MAY CONDUCT SUCH REFERENCE CHECKS OR INTERVIEWS IN ITS SOLE DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT knodemy DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES knodemy MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS, USERS AND OTHER USERS OF THE SITE OR SERVICES. knodemy MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.

Indemnity: You agree to defend, indemnify, and hold knodemy its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, or your violation of these User Terms of Service.

Limitation of Liability: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENTREMAINS WITH YOU.

IN NO EVENT WILL knodemy’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, LESSON SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO knodemy FOR USE OF THE SITE, SERVICES, LESSON SERVICES OR COLLECTIVE CONTENT, IF YOU HAVE MADE ANY PAYMENTS TO knodemy OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO knodemy AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN knodemy AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices: All trademarks, service marks, logos, trade names and any other proprietary designations of knodemy used herein are trademarks or registered trademarks of knodemy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction: These User Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement: These User Terms of Service constitute the entire and exclusive understanding and agreement between knodemy and you regarding the Site, Services and Collective Content. These User Terms of Service supersede and replace any and all prior oral or written understandings or agreements between knodemy and you regarding the Site, Services and Collective Content.

Assignment: You may not assign or transfer these User Terms of Service, by operation of law or otherwise, without knodemy’s prior written consent. Any attempt by you to assign or transfer these User Terms of Service, without such consent, will be null and of no effect. knodemy may assign or transfer these User Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these User Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these User Terms of Service, will be in writing and given: (i) by knodemy via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution: All claims and disputes arising under or relating to these User Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The exception to this rule is that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and knodemy submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator’s award damages must be consistent with the User Terms of Service of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. knodemy will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Any such arbitration shall be conducted by an arbitrator experienced in [insert industry or legal experience required for arbitrator] and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. If this specific section is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these User Terms of Service.Arbitration Rules and Governing Law.

General. This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without reference to conflict of laws principles. You agree that any claim or dispute you may have against knodemy shall be exclusively resolved in a court located in Santa Clara County, California. You agree to personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. If any provision in this Agreement is found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, then the meaning of that provision will be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of this Agreement, which will remain in full force and effect. No modification, amendment or waiver of any provision of this Agreement will be effective unless in writing and signed by the party to be charged. This Agreement, the Terms constitutes the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreement or understandings, whether oral or written with respect to the subject matter hereof.

Privacy: See the knodemy Privacy Policy at www.knodemy.com/privacy-policy for information and notices concerning knodemy’s collection and use of your personal information.

Contacting knodemy: If you have any questions about these Student Terms of Service, please contact knodemy at support@knodemy.com.