Knox Networks, Inc. (“Knox”) allows users (“you”) to access the Knox website (the “Site(s)”) and online services and Content offered on the Site (collectively, the “Services”).  PLEASE READ THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“Terms”) CAREFULLY BEFORE USING OUR SERVICES.

1 – Acceptance of Terms

THESE TERMS, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT https://www.knox-networks.com/, AND AS INCORPORATING THE KNOX PRIVACY POLICY AVAILABLE AT  https://www.knox-networks.com/privacy-policy/ AND THE COOKIE POLICY AVAILABLE AT https://www.knox-networks.com/cookie-policy/, ARE A LEGAL AGREEMENT BETWEEN KNOX AND YOU (“YOU”).  

YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE SERVICES.  BY USING THE SERVICES, YOU AGREE TO THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.  

You are responsible for regularly reviewing the Terms, as the Terms may be modified at any time.  All such modifications will be effective immediately upon posting.  If You are dissatisfied with any modification to the Terms, Your only remedy is to terminate Your use of the Services, as described in Section 10 (Termination and Survivability) of these Terms.  Your continued use of the Services after a change or update has been made to the Terms constitutes Your acceptance of such change or update.

2 – Eligibility

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICE.  By using the Services, You represent and warrant that 

1. You are 18 years of age or older; 
2. All registration information You submit to Knox is truthful and accurate; 
3. You will maintain the accuracy of such information; and 
4. Your use of the Services does not violate any applicable law or regulation.
   

Provided that you comply with these Terms, Knox grants you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to access and use the Services.

4 – User Accounts 

To use some of the Services, You may be required to create a user account (“Account”).  If You create an Account, You agree to provide Knox current, complete, true, and accurate information, and to update this information should it change. 

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.  You agree that Knox will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by Knox or another party due to someone else using Your Account or password. 

KNOX RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT AND/OR ACCESS TO THE SERVICES AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. KNOX ALSO RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY SERVICE OR FEATURE PROVIDED BY KNOX, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT KNOX  SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, CHANGE OR DISCONTINUANCE.

5 – Ownership of Content 

“Content” shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information made available to you through the Services.  ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK. 

YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF KNOX  AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY KNOX  OR YOU.

You acknowledge that the Services are protected by copyrights, trademarks, and other proprietary rights owned by Knox, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, Knox  and its licensors do not grant You any express or implied rights, and all right, title and interest that Knox has in the Services, that are not expressly granted by Knox to You are retained by Knox. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Knox’s prior written permission.

You agree that any Content You may submit does not create an obligation for Knox to provide You any payment or other remuneration. 

6 – Acceptable Use

ANY USE OF THE SERVICES IN VIOLATION OF THESE TERMS WILL BE SUBJECT TO SUSPENSION FROM THE SERVICES AND OTHER REMEDIES AVAILABLE AT LAW.

You may not, under any circumstances, use the Services in any manner that is 

1. Unlawful;
2. That could damage, disable, overburden, or impair any Knox server or the network(s) connected to any Knox server; 
3. That could interfere with any other party’s use and enjoyment of  the Services; 
4. That collects or aggregates information regarding other users’ actions relating to the Services;
5. That gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any Knox  server, or to any of the Services, through hacking, password mining or any other means; or
6. That reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Services

By providing Your email address to Knox and subscribing to communications, You understand You may receive periodic information regarding current and future services offered on through the Service.  You may unsubscribe at any time by contacting Knox as described in Section 10.

8 – Privacy/Security

You understand that any information provided by You or collected in connection with Your use of the Services will be used in the manner described in these Terms and in Knox’s Privacy Policy https://www.knox-networks.com/privacy-policy/, such privacy policy being incorporated into and made a part of these Terms by this reference.  If You do not agree to the Privacy Policy you may not use the Services.  Without limiting the terms of the Privacy Policy, You understand that Knox does not guarantee that Your use of the Services and/or the information provided by You will be private or secure, and Knox is not responsible or liable to You for any lack of privacy or security You may experience.  You are fully responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. 

9 – Jurisdictional Issues and Export Control Laws

The Services are controlled and operated by Knox from its offices within the United States.  Knox makes no representation that Content and other materials available through the Services are appropriate or available for use in any other locations.  Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  

The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or on any such list.

10 – Termination and Survivability

These Terms are effective until terminated.  Knox may terminate these Terms with or without notice to You by terminating Your access or Account.  You may terminate these Terms and Your Account by sending an email stating Your intention to terminate these Terms to Knox at:  info@knox-networks.com, Attn:  Accounts Department with the subject line “Account Termination”.  Such termination will not be effective until acknowledged by Knox but not more than twenty (20) business days after sending such termination email.  You will cease all access to the Services upon notice of termination.

The provisions of Sections 5 (Ownership of Content), 10 (Termination and Survivability), 12 (Disclaimer of Warranty; Limitation of Liability), 13 (Indemnity), 14 (Jurisdiction and Choice of Law), and 15 (Infringement Acknowledgement) shall survive any termination of these Terms. 

11 – Links to Third-Party Sites

The Services may link to third party sites (“Linked Sites”).  These Linked Sites are not controlled by Knox.  Knox is not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites.  Knox provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Knox of any Linked Site. 

12 – Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  

THE DISCLAIMERS CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR INJURY CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. 

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW KNOX IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KNOX  IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT(S) (AS APPLICABLE).  

IN NO CASE SHALL THE LIABILITY OF THE KNOX TO YOU EXCEED ONE HUNDRED DOLLARS.  IN NO CASE SHALL KNOX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES.  

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF KNOX SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

13 – Indemnity

You agree to defend, indemnify and hold harmless Knox  and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of:

1. Your use of, or activities in connection with the Services; or
2. Any violation of these Terms by You or through Your Account.
   

These Terms, and any disputes arising from or relating to the conduct covered by the Terms, are governed by the laws of the State of New York. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the federal and State courts residing in New York, NY without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods.  


15 – Infringement Acknowledgement. 

You and Knox acknowledge and agree that, in the event of a third party claim that the Services or Your possession or use of the Services infringes any third party’s intellectual property rights, You (and not Knox) will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You will, however, notify Knox in writing of such a claim.

16 – Assignment

Knox may assign these Terms, in whole or in part, at any time.  You may not assign, transfer or sublicense these Terms or any or all of Your rights or obligations under these Terms without Knox’s express prior written consent. 

17 – Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. 

18 – Headings

Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any Section or provision hereof.

19 – Notice

Notices to You may be made via posting to the Services, by email, or by regular mail, in Knox’s discretion. Knox may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices on through the Service. Without limitation, You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20 – Severability

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. 

21 – Complete Agreement

These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between You and Knox  with respect to its subject matter.  These Terms supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and Knox with respect to its subject matter and You represent that You have not relied on any such communications in accepting these Terms.

22 – Notice for California Users. 

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California  95814, or by telephone at (916) 445-1254 or (800) 952-5210.

23 – Questions

If you have any questions, comments or complaints regarding these Terms or the Services, feel free to contact us at: info@knox-networks.com

24 – General Provisions 

A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

The parties agree that all correspondence relating to these Terms, shall be written in the English language.

© 2022 KNOX  – All Rights Reserved.