[   ]
Blogs

  

Integrity

  

Respect

Terms of Use

Please Read Carefully Before Using This Website!

KNEW GENERATION ENTERPRISES LLC (the "Company") maintains this Internet site for information, communication and other purposes. This webpage contains the Terms of Use governing your access to and use of KNEWGENeration.com (the "Website"). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

YOUR USE OF THE WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with the Website, your use of the Website will be deemed to be acceptance of the Terms of Use set forth in Section A.

For users who are registered with the Website, your use of the Website will be deemed to be acceptance of the Terms of Use set forth in Section A and Section B.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE.

Section A - Terms Applicable to All Users

  • Changes to Terms of Use

The Company may, at any time and from time to time, for any reason or no reason, and with or without notice, make changes to (a) the Website, including, without limitation, its look, feel, format, and content, as well as (b) the products and/or services as described in the Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of the Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

  • Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including, without limitation, its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. The Company makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

  • Scope of Use and User Email

You are only authorized to view, use, copy for your records and download small portions of the Content (including, without limitation, text, graphics, software, audio and video files and photos) of the Website for your informational, non-commercial use, provided that you leave all the copyright notices, including, without limitation, copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a material portion of the Content on the Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (a) are defamatory, threatening, obscene or harassing, (b) contain a virus, worm, Trojan horse or any other harmful component, (c) incorporate copyrighted or other proprietary material of any third party without that party's permission or (d) otherwise violate any applicable laws.

The Company shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of the Company is strictly prohibited.

  • Copyrights and Trademarks

The materials on the Website, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Website solely for your personal and non-commercial use; however, any print out of the Website, or portions of the Website, must include the Company’s copyright notice.

No right, title or interest in any of the materials contained in the Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of the Website, create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from the Website without the prior written permission of the Company. Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate the Website without the prior written permission of the Company. You may not use a part of the Website on any other website, without the Company’s prior written consent.

The Company respects the intellectual property rights of others and expects our users to do the same. The policy of the Company is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@knewgeneration.com.

  • Links

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, the Company does not control or endorse any such website and is not responsible for any such website’s content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within any such website. Please read the terms and conditions or terms of use policies of any other company or website you may link to from the Website. These Terms of Use apply only to the Website and the products and services the Company offers. If you decide to access any of the third party websites linked to the Website, you do so at your own risk. The Company reserves the right to terminate any link or linking program at any time. The Company disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or other information contained on such websites.

You may not link to the Website without the Company’s written permission. If you are interested in linking to the Website, please contact link2us@knewgeneration.com.

  • No Unlawful or Prohibited Use

As a condition of your use of this Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

  • Spamming

Gathering email addresses from the Company through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users of the Website is prohibited. Inquiries regarding a commercial relationship with the Company should be directed to business@knewgeneration.com.

  • No Warranties

THE WEBSITE, AND ANY AND ALL OF ITS CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH THE COMPANY EXPRESSLY DISCLAIMS. THE COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND THE COMPANY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. THE COMPANY HAS NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE COMPANY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  • Governing Law

These Terms of Use shall be governed, construed and interpreted in all respects by the laws of the State of Delaware, without reference to its choice of law rules (except any laws of that State which would render such choice of laws ineffective). If any applicable law is in conflict with any part of these Terms of Use, these Terms of Use will be deemed modified to conform to the law. The other provisions hereof will not be affected by any such modification.

  • Separate Agreements

You may have other agreements with the Company. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with the Company.

  • U.S. Resident

You represent and warrant that you are a lawful resident of the United States.

  • No Professional Advise

The information available on the Website is intended to be a general information resource regarding the matters covered herein and is not tailored to your specific circumstance. You should not construe this as legal, accounting, professional or other advice. The Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

  • User Disputes

You are solely responsible for your interactions with other users of the Website. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.

  • User Submissions and Communications; Public Area

You represent and warrant that (a) you own, are solely responsible or otherwise control all of the rights to the content that you post, (b) the content is complete and accurate and (c) the use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

If you make any submission to an area of the Website accessed or accessible by the public (a "Public Area") or if you submit any business information, idea, concept or invention to the Company by email or otherwise, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted to the Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to the Company by email or otherwise.

Some of the forums (blogs, individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Website reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. The Company has the full and absolute discretion to delete messages and any other content for any reason or no reason.

The Company reserves the right, but is not obligated, to do any or all of the following:

(a) record the dialogue in a Public Area;

(b) examine an allegation that any communication does not conform to these Terms of Use and determine in its sole and absolute discretion to remove or request the removal of any communication;

(c) remove communications that are abusive, illegal, disruptive or that otherwise fail to conform to these Terms of Use;

(d) terminate any member's access to any or all Public Areas and/or the Website upon any breach of these Terms of Use;

(e) monitor, edit, or disclose any communication in the Public Areas; and

(f) edit or delete any communication posted on the Website, regardless of whether any such communication violates these Terms of Use.

The Company reserves the right to take any action it deems necessary to protect the personal safety of our users or the public. The Company has no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.

  • Arbitration

Except with respect to any action or proceeding seeking equitable relief, including, without limitation, for the purpose of protecting any of the Company’s confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Jersey City, New Jersey and before a single neutral arbitrator selected by the Company.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their respective representatives and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written consent of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. The fees and expenses of the arbitrator and the arbitration proceedings, and the fees and expenses of each party's legal counsel incurred in connection with any arbitration proceedings, shall be borne by the non-prevailing party in such arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

  • Limitation of Liability

YOUR USE OF THE CONTENT AND THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO, RESULTING FROM OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT AND THE WEBSITE (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM ANY USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE COMPANY.

  • Indemnity

You agree to defend, indemnify, and hold harmless the Company and each of its affiliates, and each of their respective equity holders, directors, managers, officers, employees, agents, licensors, suppliers, vendors and other representatives, to the fullest extent authorized or permitted by applicable law, as now or hereafter in effect, from and against any and all claims, actions, proceedings, suits, demands, liabilities, damages (including, without limitation, direct, indirect, special, consequential and punitive damages), fees and expenses (including, without limitation, reasonable legal and accounting fees and expenses) arising from, or alleged to arise from, incurred in connection with, or otherwise relating to, (a) your use of and access to the Website, (b) your violation of these Terms of Use, (c) your violation of any third party right (including, without limitation) any intellectual property, privacy or other right, or (d) any claim that any Content submitted by you caused any damage to a third party. The indemnification obligations set forth herein shall survive these Terms of Use and your use of the Website.

 

Section B - Additional Terms Applicable to Registered Users

  • Accounts and Security

The Company does not represent of warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password ("Password") and Login Name ("Login Name"). You agree to provide the Company with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account.

You may NOT, among other things:

(a) select or use a Login Name of another person with the intent to impersonate that person;

(b) use a name subject to the rights of any other person without authorization; or

(c) use a Login Name that the Company, in its sole and absolute discretion, deems inappropriate or offensive.

You shall immediately notify the Company of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the Company’s sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us

If you would like to request additional information regarding these Terms of Use, please contact us at legal@knewgeneration.com.