Forbi, Inc., doing business as “Knowe” (“Knowe”, “we”, “us”, or “our”) respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), Knowe has adopted a policy regarding material that is subject to a DMCA takedown notice.
If you believe your copyright is being infringed on the Knowe service or Knowe website (“Site”), you may submit a DMCA Notice of Copyright Infringement (“Notice”) by the process described below. Upon receipt of a Notice, Knowe may make a good faith attempt to take reasonable stepts to notify the Knowe User that Knowe has received notice of an alleged violation of intellectual property rights or other violation. It is also within our policy, in our discretion, to disable and/or terminate the accounts of Knowe Users who infringe or repeatedly infringe the rights of others.
To submit a DMCA Notice of Copyright Infringement, please provide a written communication containing the following:
Please submit this written communication to Knowe’s Copyright Agent, with all items completed, by sending an email to email@example.com with the subject line: Notice of Copyright Infringement, or by mailing us at:
ATTN: Copyright Agent
450 Lexington Ave, Suite 81
New York, NY 10017
By using the Site or the Service, you accept the terms of this Policy. If you do not agree with this Policy, delete all cookies from your browser cache after visiting the Site and do not use the Site or Service. Your continued use of the Site or Service indicates your acceptance of this Policy.
We collect information when you use the Site or the Service. We use this information to, among other things, provide the functionality of the Service and to personalize and improve the quality of your experience with the Service. Generally, we collect information in three ways: through information you provide to Knowe, through information received from third parties, and through information that we collect automatically through technology.
The term “Personal Information” as used in this Policy refers to any information that can be used to identify a specific person (such as name, email address, physical address, or phone number), or any anonymous information (such as IP Address) that is linked to a specific person. Personal Information does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.
When you register for an account with the Service, we collect information from you that you voluntarily provide to us, including Personal Information. We may also collect certain payment information from you, such as your credit or debit card information and billing address, to facilitate a payment transaction in connection with the Service. Once you begin using the Service through your account, we will keep records of your activities related to the Service. The foregoing Personal Information will be shared and disclosed as described below in Section 3 (Information Sharing and Disclosure).
We may retrieve additional Personal Information from third parties.
The Service may also include features that allow certain kinds of interactions between the Service and your account on a third party social media service (such as Facebook, LinkedIn, and other services that let you sign in using your existing credentials with those services). The use of these features may enable the social media service to provide Personal Information that you have shared with that social media service to us. If we offer and you choose to use these features on the Service (such as by linking your account with the Service to your account with a social media service), we may use the Personal Information to help create your account and/or your profile on the Service (see below in Section 3 (Information Sharing and Disclosure)). The information we collect from and through the social media service may depend on the privacy settings with your account with the Service and with your account with the social media service.
The Service may also permit additional interactions between it and a third party website, service, or other provider, such as enabling you to “like” or share content to a third party social media service. If you choose to “like” or share content, or to otherwise share information from or via the Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect information such as your IP address and the page you are visiting on the Site, and may set a cookie to enable the features to function properly. Your interactions with third parties through a social media service are governed by the privacy policies of those third parties.
We and our third party service providers may automatically collect certain information from you whenever you use the Site or Service. Like many other commercial websites, we utilize “cookies” and other technologies to collect non-personally-identifiable information from the Site. “Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies store information accessed through your browser to streamline activities on related websites, and make the online experience easier and more personalized. Information gathered through cookies and web-server log files may include information such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at a site. We use cookie data to measure web traffic and usage activity on the Site for purposes of improving and enhancing the functionality of our Website, to look for possible fraudulent activity, and to better understand the sources of traffic and transactions on the Site. Cookies also allow our servers to remember your account information for future visits and to provide personalized and streamlined information across related pages on the Site. Log files are used to monitor, measure, analyze, improve, and troubleshoot the Service. You can choose to disable cookies for our Site but this may limit your ability to use the Site and Service (see below in Section 4 (Choice and Opting Out)).
Please note that the Service is general audience and intended for users 13 and older. We do not knowingly collect Personal Information from anyone younger than age 13. If we become aware that a child younger than 13 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 13 and believe that Knowe has collected Personal Information from your child, please contact us.
User and Advisor Profiles
The users of the Service may be Users (users of the site that may request a video chat with Advisors) or Advisors (users of the site that may accept video chat requests from Users). Users and Advisors are referred to collectively as “Knowe Users”.
After you register for an account with the Service, you may create a profile as either a User or Advisor, which may include information such as Personal Information, photographs, professional background information, feedback/rating information and other information, including the username (“Profile”). The information in your Profile may be visible to other Knowe Users, subject to your privacy settings. You may edit certain information in your Profile via your account and may choose to limit who is able to view certain content you post to your Profile.
The Service may allow you to share your reviews, ratings, comments, and other information publicly or with other Knowe Users. We collect this feedback information from Knowe Users about their experience with other Knowe Users. Any feedback you provide via the Service or feedback provided about you via the Service may be viewable to other Knowe Users. On occasion, we may remove feedback pursuant to the relevant provisions of our Knowe User Agreement.
We share your Personal Information with our third party service providers who facilitate the operation of the Site and Service, including but not limited to payment processors, as well as any third parties that you have directly authorized to receive your Personal Information. We may store your Personal Information in locations outside the direct control of Knowe, for instance, on servers or databases co-located with hosting providers.
We also work with or may in the future work with advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve our advertisements on other websites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device, and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Service or other online websites and services.
We may disclose your Personal Information to law enforcement, government officials, or other third parties if: (i) we are compelled to do so by subpoena, court order or other legal process, (ii) we must do so to comply with laws, statutes, rules or regulations, including credit card rules, (iii) we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Knowe User Agreement.
We will only disclose your Personal Information in response to such a request if we believe in good faith that doing so is necessary to comply with applicable law or a legal obligation to which we are bound. If we receive such a request, we will use reasonable efforts to give you prompt notice, so that you may contest it if you choose. We won’t provide you such notice if we determine in good faith that either (a) we are not permitted to provide it under applicable law, or (b) that doing so would result in an imminent risk of death, serious physical injury or significant property loss or damage to Stripe or a third party.
In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar events, any information in our possession may be transferred to our successor or assign.
We collect certain Personal Information to confirm your identity, ensure the functionality of the Service, and comply with certain obligations. If you elect to not provide Personal Information in optional fields it may limit your ability to use our Service. You can update your account information by signing on to the Site with your account.
We may occasionally email you with information about offers or new services. You can opt out of these email communications by replying with unsubscribe in the subject line, or via an unsubscribe link included in such communications. However, you will continue to receive certain email communications related to your account including information regarding transactions and your account with Knowe.
If you wish to opt out of having cookies set on your browser (as described above in Section 2 (Information Collection)), manage the settings on your web browser to delete all cookies and disallow further acceptance of cookies. For more information, refer to your browser’s technical information. Disabling cookies on your browser prevents Knowe from tracking your activities in relation to the Site and Service. However, it may also disable many of the features available through the Site and Service.
Knowe has certain obligations to retain the data that you provide us. Accordingly, even if you close your Knowe account (see below in Section 5 (Closing Your Account)) we will retain certain information as necessary to meet those obligations.
If you would like to close your Knowe account, you can do so through the Service. However, we may not be able to delete all copies of information previously shared with others on the Service. Your Personal Information may also remain in our archives and information you update or delete, or information within a closed account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases.
Although no data transmission can be guaranteed to be 100% secure, we take commercially reasonable steps to protect Personal Information. Knowe strives to protect information stored in our servers, which are located in the United States. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information.
Please note that Knowe does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. Our third party service providers that receive your credit or debit card account information are required to keep it secure and confidential. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
If you have any questions about this Policy or any of our privacy-related practices, please contact us at firstname.lastname@example.org.
This Advisor Fee Agreement provides information on the Advisor Fee Rates that Advisors may charge to Users for participation in Web Sessions, and Knowe’s Service Fees that apply to the charges. This Advisor Fee Agreement is part of the Knowe User Agreement. Capitalized terms not defined here are defined in the Knowe User Agreement.
Users pay for Web Sessions based on the Advisor Fee Rate that the Advisor sets. Each session shall last for 1 hour, unless the User decides to terminate it before. After one hour of session being completed, the session will be terminated automatically. There will be no fractional charges. If, for example, you have a Web Session with a User that goes 45 minutes, you will still be charged for 100% of your hourly rate.
How much should you charge? Great question! We encourage you to follow the below guidelines in setting your rates, which we believe may be helpful to both Knowe Users and Advisors in understanding the value of your career and experience, but at rates that are accessible to those launch their first career (or start a new one). These guidelines are merely suggestions, however, and you are free to set your own Advisor Fee Rate outside of these guidelines. We know that your experience, expertise, and mentorship are unique and may not easily be quantified.
You’re an innovator or influencer in your field. Please note you cannot pick this option unless you are invited by Knowe.
You’ve received recognition in your field; you are a C level position; Board Member; already have one or more mentees.
You have certain professional achievements; you have a management role; you are specialist in your field; you did a reputable international MBA.
You can give the same advice as the undergrads, but can also share with them how you are rising up the ladder and forging your own path.
You have great advice for students; you can talk about your college and/or internship experience.
We also encourage you to review the rates set forth in the Profiles of some of our most trusted and sought-after Advisors here.
Pursuant to the Knowe User Agreement, Knowe charges Advisors a Service Fee for each Web Session that an Advisor participates in with a User.
This amount is deducted from the total amount charged to the User. The Service Fees that Knowe and its affiliates charges for use of the Site and Service’s platform, dispute resolution services, and payment services.
The Service Fees is 20% and shall apply regardless of the amount of your Advisor Fee Rate.
Example: If your rate is $99,90/hour, and you participate in a Web Session, you will receive the following:
Welcome to Knowe!
The Knowe User Agreement (“Agreement”) is a legal agreement between Forbi, Inc., doing business as “Knowe” (“Knowe”, “we”, “us”, or “our”) and the person (“Knowe User”, “you”, or “your”) who registers for a Knowe account. Please read the following carefully, as the Agreement governs your use of our services.
Knowe is an online platform connecting Users and Advisors. Users are individuals seeking to pursue and develop their dream careers through one-on-one web online sessions (“Web Session”) with Advisors (“Users”). Advisors are professionals in various industries and specialties willing to educate and share their career background, insight, and expertise with Users (“Advisors”). Users and Advisors are referred to collectively as “Knowe Users.”
Our platform consists of the www.knowe.co website (the “Site”), and any other websites, features, applications, or services that are owned or controlled by Knowe (together with the Site, the “Service”).
To use the Service, you must be the “Minimum Age” or older who can form legally binding contracts. “Minimum Age” means (a) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, (b) 18 years old for the People's Republic of China, (c) 16 years old for the Netherlands, and (d) 13 years old for all other countries. However, if the law requires that you must be older in order for Knowe to lawfully provide the Service to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Service is not for use by anyone under the age of 13.
To use the Service, you must register for an account with Knowe (“Account”). When you register for an Account, you will be asked to provide your name and a valid email address, or your login credentials for a third party social media service (such as Facebook, LinkedIn, and other services that let you sign in using your existing credentials with those services). You will also be asked to choose a username and password for the Account. As between you and others, your Account belongs to you. You agree to try to choose a strong and secure password and keep your password secure and confidential. You are responsible for anything that happens through your Account unless you close it or report misuse.
By registering for an Account, you agree to: (a) abide by this Agreement; (b) if you are a User, be financially responsible for your use of the Service; and (d) if you are an Advisor, participate in any Web Sessions that you have agreed to do so with any User. We reserve the right, in our sole discretion, to refuse, suspend, or revoke your access to the Service upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates this Knowe User Agreement, or for any other reason or no reason in Knowe’s sole discretion.
To register for an Account, you must complete a Knowe User profile (“Profile”), which you consent to be shown to other Knowe Users and, unless you change your privacy settings, the public. You agree not to register for more than one User Account and one Advisor Account without express written permission from us. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
If you are an Advisor, you must also have an account with LinkedIn and grant your Account access to your information on LinkedIn (if you do not yet have a LinkedIn account, you may register and join here). As an Advisor, your Profile on Knowe will reflect information from your LinkedIn account. As an Advisor, you agree to provide true, accurate, and complete information on your Profile on Knowe and all registration and other forms on the Service or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness, including but not limited to the information on your account on LinkedIn. As an Advisor, you agree not to provide and to correct any information about your career, your educational or professional background, or your skills that is or becomes false or misleading.
Finally, as an Advisor, you must provide a fee rate (“Advisor Fee Rate”) for which you will charge Users for Web Sessions. Guidelines of how to set your Advisor Fee Rate are provided here.
When you register for an Account and from time to time thereafter, your Account may be subject to verification, including, but not limited to, validation against third-party databases, the verification of one or more official government or legal documents that confirm your identity. We may also conduct a comprehensive criminal background check, at the Country, State, and local levels. You authorize Knowe, directly or through third parties, to make any inquiries necessary to validate your identity, confirm your ownership of your email address or financial accounts, and conduct criminal background checks, subject to applicable law. When requested, you must provide us with information about you.
Although Knowe may perform verification and background checks of Knowe Users, Knowe cannot confirm that each Knowe User is who they claim to be and therefore, Knowe cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Service.
Once you register for an Account, if you are a User, you may purchase Web Sessions with an Advisor, or if you are an Advisor, you may offer to participate in Web Sessions with Users. Once a User purchases a Web Session with an Advisor, Knowe will assist in scheduling for the Web Session and will facilitate payment for the Web Session, but Knowe will not be a participant in the Web Session.
You acknowledge and agree that, when you purchase a Web Session with an Advisor, or when you agree to participate in a Web Session with a User, you have entered into an agreement between the User and Advisor. The terms of the agreement to participate in a Web Session include the terms set forth in this Agreement, the Advisor’s Advisor Fee Rate, and any other contractual terms accepted by both the User and the Advisor to the extent such terms do not conflict with the terms of this Agreement and do not expand Knowe’s obligations or restrict Knowe’s rights under this Agreement. Knowe is not a party to the agreement to participate in any Web Session and will not, under any circumstance, create an employment or other service relationship between Knowe and the Advisor.
KNOWE DOES NOT PARTICIPATE IN WEB SESSIONS AND DOES NOT EMPLOY INDIVIDUALS TO PARTICIPATE IN WEB SESSIONS. KNOWE DOES NOT SUPERVISE, DIRECT, OR CONTROL THE ADVISORS OR THE WEB SESSIONS IN ANY MANNER, WHICH USER HEREBY ACKNOWLEDGES.
User and Advisor agree to comply with the Web Sessions How-To Guide in preparation for and participation in Web Sessions.
Both parties agree to notify Knowe of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Knowe representatives for at least thirty (30) days before initiating any proceeding between the parties (see Section 16: Dispute Resolution).
When interacting with other Knowe Users in a Web Session, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER KNOWE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE KNOWE AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. KNOWE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Users contract for Web Sessions directly with Advisors. Please note that it the Advisor that sets the Advisor Fee Rate, and not Knowe. Knowe will not be a party to any contracts for Web Sessions.
To confirm that the Payment Method information you have provided through or to the Service is accurate, we may place a temporary authorization on your payment method at the time you provide your payment method information through or to the Service. After we verify that your payment method information is accurate, usually within a few days, the authorization will be removed.
By providing debit or credit card account information through or to the Service, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the Service, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.
After a Web Session has been purchased by the User and the User and Advisor participate in and have completed a Web Session, Knowe will credit the Advisor for the full amount paid or released, and then subtract and disburse to Knowe a service fee (in which will be a percentage of the Advisor Fee Rate, as specified in the Advisor Fee Agreement) (the “Service Fee”). Advisors agree to pay Knowe the Service Fee for using the Service’s platform and payment services.
In order to receive payment for a Web Session, an Advisor may be required to register with one of Knowe’s third party payment service providers, agree to the payment service provider’s terms and conditions, and be subject to verification to set up an account with the payment service provider. Please note that Knowe is not a party to the agreement between you and the payment service provider and that Knowe has no obligations or liability to any Advisor under the agreement with payment service provider.
Knowe reserves the right, in its sole discretion (but not the obligation), upon request from User or Advisor or upon notice of any potential fraud, unauthorized charges or other misuse of the Service, to (i) place on hold any payment, or (ii) refund payment.
In the event that a User disputes an Advisor’s payment or the quality of the Advisor’s participation in a Web Session, Knowe may withhold payment until such dispute is resolved. As an Advisor, you agree that in the event of any such payment dispute, Knowe has the sole authority to resolve such dispute, and you agree to be bound thereby. As an Advisor, you further understand and agree that you have no right to payment for a Web Session to the extent Knowe reasonably determines you have violated the Agreement, including but not limited to providing incorrect information in your Profile, and to the extent you have already received payment for Web Sessions involving such violations, Knowe shall have the right to recover such payments in full.
A User may cancel a Web Session without penalty up to an hour before the scheduled Web Session. If you are a User who has been improperly charged for cancelled Web Session and require a refund, please contact us. If a User cancels within an hour before a scheduled Web Session, Knowe may charge the User up to 100% of the payment due for the Web Session, and may remit this payment to the Advisor, subject to the Service Fee. An Advisor may cancel a scheduled Web Session without penalty at any time; however, that Advisor may be subject to negative feedback from the User and Knowe may terminate and suspend the Advisor’s Account.
User agrees that once User authorizes a payment for and participates in a Web Session, the charge is non-refundable, except as otherwise required by applicable law. User also acknowledges and agrees that this Agreement provides a dispute resolution process as a way for User to resolve disputes. To the extent permitted by applicable law, User therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back Knowe for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Agreement. If a User initiates a chargeback in violation of this Agreement, User agrees that Knowe may dispute or appeal the chargeback and institute collection action against User.
If a User fails to pay the Advisor for any other amounts due under this Agreement, whether by canceling User’s credit or debit card, initiating an improper chargeback, or any other means, Knowe may suspend or close the User’s Account and revoke the User’s access to the Site, including User’s authority to use the Site to process any additional payments, or purchase any additional Web Sessions. Without limiting other available remedies, User must pay Knowe upon demand for amounts owed under the Knowe User Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Knowe, at our discretion, may set off amounts due against other amounts received from or held by Knowe, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
The Service operate in U.S. Dollars. If foreign currency conversion is required to make a payment in U.S. Dollars, Knowe will charge User’s payment in U.S. Dollars and User’s Payment Method provider will convert the payment at a foreign currency conversion rate selected by User’s Payment Method provider. User’s Payment Method provider may also charge fees directly to the Payment Method used to fund a cross-border payment even when no currency conversion is involved. Knowe is not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than U.S. Dollars.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services. You agree that you may not and you agree that you will not:
Knowe will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Knowe has no obligation to monitor your access to or use of the Site or Service or to review or edit any Profile, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Knowe reserves the right, at any time and without prior notice, to remove or disable access to any material that Knowe, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Site or Services.
You acknowledge and agree that feedback benefits the Service, all Knowe Users, and the efficiency of the Site and you specifically request that Knowe post composite or compiled feedback about Knowe Users, including yourself, on Profiles and elsewhere on the Site and Service. You acknowledge and agree that feedback results for you, if any, will consist of comments, ratings, indicators of Knowe User satisfaction, and other feedback left by other Knowe Users. You further acknowledge and agree that Knowe will make feedback results available to other Knowe Users, including composite or compiled feedback. Knowe provides this feedback system as a means through which Knowe Users can share their opinions publicly and Knowe does not monitor or censor these opinions.
Knowe does not investigate any remarks posted by Knowe Users for accuracy or reliability but may do so if a Knowe User requests that Knowe do so. You may be held legally responsible for damages suffered by other Knowe Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Knowe is not legally responsible for any feedback or comments posted or made available on the Site by any Knowe Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Knowe Users from abuse, Knowe reserves the right (but is under no obligation) to remove posted feedback or information that, in Knowe’s sole discretion, violates this Agreement or negatively affects the Service. You acknowledge and agree that you will notify Knowe of any error or inaccurate statement in your feedback results, and that if you do not do so, Knowe may rely on the accuracy of such information.
“Your Information” is defined as any information and materials you provide to Knowe or other Knowe Users in connection with your Account for and use of the Service. You are solely responsible for Your Information, including feedback you provide under Section 6: Knowe User Feedback, and we act merely as a platform for your online distribution and publication of Your Information. The information and materials described in this Section 7, as provided by each Knowe User, is collectively referred to herein as “User Generated Content.”
You hereby grant Knowe a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sublicensable right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.
Each Knowe User who provides to Knowe any videotape, film, record, photograph, voice, or all related sound effects, in exchange for the right to use the Site and Service, hereby irrevocably grants to Knowe the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
Each Knowe User hereby waives all rights and releases Knowe from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity, or personality or any similar matter, or based upon or relating to the use and exploitation of such Knowe User’s identity, likeness or voice in connection with the Site and Service.
Each Knowe User acknowledges that Knowe shall not owe any financial or other remuneration for using the recordings provided hereunder by such Knowe User, either for initial or subsequent transmission or playback, and further acknowledges that Knowe is not responsible for any expense or liability incurred as a result of such Knowe’s recordings or participation in any recordings, including any loss of such recording data.
The Site and Service provides only a platform for connecting Users and Advisors. In the event that you have a dispute with one or more Knowe Users, you release Knowe and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
KNOWE EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN KNOWE USERS OF ITS SERVICE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Knowe may terminate or suspend your right to use the Service in the event that we believe that you have breached this Agreement (a “Knowe User Breach”) by providing you with written or email notice of such Knowe User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice.
If Knowe terminates or suspends your right to use the Service for a Knowe User Breach, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Knowe reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
Knowe reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Service at its sole discretion. Except for refundable fees you have advanced to Knowe (if any), Knowe is not liable to you for any modification or discontinuance of all or any portion of the Service. Notwithstanding anything to contrary in this Section 9, Knowe has the right to restrict anyone from completing registration as an Advisor if Knowe believes such person may threaten the safety and integrity of the Service, or if, in Knowe’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
The Service may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by Knowe of those sites or their content. They are provided as an information service, for reference and convenience only. Knowe does not control any such sites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Service as well as any advertisements displayed in connection therewith) does not mean that Knowe endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
As part of the functionality of the Service, you may link your account with online accounts you may have with third party social media services (such as Facebook, LinkedIn, and other services that let you sign in using your existing credentials with those services) by either: (i) providing your third party social media service login information through the Service; or (ii) allowing Knowe to access your social media service account, as is permitted under the applicable terms and conditions that govern your use of each social media service. You represent that you are entitled to disclose your social media service account login information to Knowe and/or grant Knowe access to your social media service account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable social media service account and without obligating Knowe to pay any fees or making Knowe subject to any usage limitations imposed by such third party service providers. By granting Knowe access to any of your social media services accounts, you understand that (i) Knowe may access, make available and store (if applicable) any content that you have provided to and stored in your social media service account so that it is available on and through the Service via your Account, including without limitation any friend lists, and (ii) Knowe may submit and receive additional information to your social media service account to the extent you are notified when you link your account with the social media service account. Unless otherwise specified in this Agreement, all content from your social media service accounts, if any, shall be considered to be User Generated Content for all purposes of this Agreement. Depending on the social media service accounts you choose and subject to the privacy settings that you have set in such accounts, personally identifiable information that you post to your social media accounts may be available on and through your Account on the Service. Please note that if a social media service or associated service becomes unavailable or Knowe’s access to such social media service is terminated by the third party service provider, then such information may no longer be available on and through the Service. You will have the ability to disable the connection between your Account on Knowe and your social media service accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL MEDIA SERVICES IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL MEDIA SERVICES. Knowe makes no effort to review any content from your social media services for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Knowe is not responsible for any such content.
AS SET FORTH IN SECTION 3: AGREEMENTS FOR WEB SESSIONS BETWEEN USERS AND ADVISORS, KNOWE DOES NOT PARTICIPATE IN WEB SESSIONS AND DOES NOT EMPLOY ADVISORS TO PARTICIPATE IN WEB SESSIONS.
Knowe Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Knowe. Each Knowe User acknowledges that Knowe does not, in any way, supervise, direct, or control an Advisor or the participation in the Web Sessions. Knowe does not set an Advisor’s work hours or location of work. Knowe will not provide any equipment, labor or materials needed for a particular Task. Knowe does not provide any supervision to Advisors.
The Service is not an employment service and Knowe is not an employer of any Advisor. As such, Knowe is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your participation in Web Sessions.
You agree to indemnify, hold harmless and defend Knowe from any and all claims that an Advisor was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Advisor was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Knowe was an employer or joint employer of an Advisor, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Knowe Users see or read through the Service is owned by Knowe, excluding User Generated Content that Knowe has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Knowe owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Knowe Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Knowe's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Knowe and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Knowe, including without limitation Knowe and the Knowe logo, are service marks owned by Knowe. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KNOWE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. KNOWE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND KNOWE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER KNOWE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER KNOWE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY KNOWE USER.
NEITHER KNOWE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
KNOWE 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.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A USER MAY USE TO EXPEDITE ADVISOR SELECTION, EACH USER IS RESPONSIBLE FOR SELECTING THEIR ADVISOR AND KNOWE DOES NOT WARRANT ANY SERVICES PURCHASED BY A USER AND DOES NOT RECOMMEND ANY PARTICULAR ADVISOR. KNOWE DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY ADVISOR’S PROFESSIONAL ACCREDITATION, REGISTRATION, OR LICENSE.
YOU ACKNOWLEDGE AND AGREE THAT KNOWE IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD KNOWE, ITS AFFILIATES, ITS LICENSORS, PARTNERS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY KNOWE USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY KNOWE USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY KNOWE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL KNOWE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE OR WEB SESSIONS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
KNOWE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OF ANY WEB SESSION TAKING PLACE ON THE SERVICE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT KNOWE OR ITS PARTNERS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO KNOWE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless Knowe, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Knowe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Knowe.
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Knowe agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Knowe. Knowe’s address for such notices is Knowe, 450 Lexington Ave, Suite 81, New York, NY 10017, Attention: Legal.
BINDING ARBITRATION. If you and Knowe are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed USD 10,000, Knowe will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Knowe may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Knowe agree that any arbitration will be limited to the Dispute between Knowe and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND KNOWE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Knowe otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
LOCATION OF ARBITRATION. Arbitration will take place in New York City, New York. You and Knowe agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the New York state and Federal courts located in New York City, New York have exclusive jurisdiction and you and Knowe agree to submit to the personal jurisdiction of such courts.
RIGHT TO OPT OUT OF ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER. You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying Knowe in writing within 30 days of the date you first registered for the Service or 30 days from the date this Agreement was last updated. To opt out, you must send a written notification to Knowe at Knowe, 450 Lexington Ave, Suite 81, New York, NY 10017, Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
You and Knowe agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” in Section 16 above, if any portion of Section 16 entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the Agreement will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in Section 16 is found to be illegal or unenforceable, neither you nor Knowe will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within New York City, New York, and you and Knowe agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 16 entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Failure by Knowe to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Knowe with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Knowe, its successors and assigns.
You agree to keep your email address on file with Knowe up-to-date. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement are not acceptable to you, your only recourse is to cease using the Site and Services.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.