By visiting the www.iknowit.com (https://www.iknowit.com) website (hereinafter the "Website") and accessing the information, resources, services, products, and tools of I Know It; you understand and agree to accept and adhere to the Agreement. The Agreement may be updated by I Know It from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Agreement periodically to familiarize yourself with any modifications. Please bookmark this page to review the most current version of the Agreement at any time. Your continued use of the Website after such modifications will constitute your acknowledgment of, and agreement to, the modified terms and conditions of the Agreement.
On the Website, I Know It provides educational materials and teaching resources to help children/ students learn various subject matters by means of educational quizzes, lessons, and educational games (hereinafter the "Services"), together with a blog on which I Know It will post information and educational ideas for school administrators, teachers and parents (hereinafter the "Blog")(hereinafter the Services and the Blog together the "Educational Products"). Unless explicitly stated otherwise, any new features that augment or enhance the Educational Products shall be subject to the Agreement. You understand and agree that the Educational Products are provided "as-is" and that I Know It assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
To use the Educational Products, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
Before you can use the Services, you need to create an account with I Know It. No one under the age of eighteen (18) is permitted to create an account with I Know It. When you register and create an account, you agree to: (a) provide true, accurate, current and complete information about yourself and those who will be accessing the Services through your account (hereinafter the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Failure to do so will constitute a breach of this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or I Know It has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, I Know It has the right to suspend or terminate your account and deny any and all current or future use of the Services (or any portion thereof).
When you create an account with I Know It, you will select the user name(s) and password(s) associated with your account. You may not (a) select or use a user name of another person with the intent to impersonate that person, or (b) select or use a user name or password that I Know It, in its sole discretion, deems inappropriate or offensive. The creator of an account on I Know It is responsible for maintaining the confidentiality of his or her user name(s) and password(s), and will be responsible for all uses of his or her account, user name(s) and password(s), whether or not authorized by the creator. The creator of an account on I Know It who sets up an account for a minor(s) under the age of eighteen (18) also agrees to supervise and take full responsibility for the use of the Services and Website by said minor(s).
You may cancel your account/ subscription at any time, and cancellation will be effective at the end of the billing cycle in which you cancel your account/ subscription. To cancel your account/ subscription, you must submit your cancellation request to I Know It via email or facsimile and provide your user name and account number. You will continue to have access to the Services until the billing period in which you cancel your account/ subscription ends. I Know It does not provide refunds or credits for any partially used membership periods.
You are responsible for maintaining the confidentiality of your account information, user name(s) and password(s), and are fully responsible for all activities that occur under your account, user names(s) and passwords. You agree to (a) immediately notify I Know It of any unauthorized use of your account, user name(s) and/ or password(s), or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
You agree to indemnify and hold harmless I Know It, and its subsidiaries, affiliates, officers, agents, directors, members, managers, agents, and employees, from any and all claims, losses, expenses, damages, costs, or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your connection and access to the Website and/ or Services, your violation of the Agreement, or your violation of any rights of another.
You shall not modify, reproduce, duplicate, copy, sell, display, publish, license, transfer, retransmit, resell, or exploit for any commercial purposes, any portion of the Services and/ or Website, any use of the Services and/ or Website, and/ or any access to the Services and/ or Website.
I Know It reserves the right at any time and from time to time to modify or temporarily discontinue the Educational Products (or any part thereof) with or without notice. In the event of permanent discontinuance of the Services, liability is limited to your paid subscription price, which shall be pro-rated to the amount remaining on your subscription.
You agree that I Know It, in its sole discretion, may terminate your account (or any part thereof) or use of the Educational Products or Website, for any reason, including, without limitation, your breach of the Agreement. I Know It may also, in its sole discretion, and at any time, discontinue providing the Educational Products, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may be done without prior notice, and acknowledge and agree that I Know It may immediately deactivate or delete your account, and all related information and files in your account, and/or bar any further access to such files or the Services.
I Know It may link to external websites, including social media sites. Because I Know It has no control over such sites, you acknowledge and agree that I Know It is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any data, text, software, photographs, graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service marks and other materials, advertising, products, or other materials on or available from such external sites (hereinafter the "Third Party Content").
You acknowledge and agree that the Services and the Website contain proprietary and confidential information, and that exclusive of the Third Party Content, all content and materials available on the Website, including but not limited to text, graphics, Website name, code, images and logos, are the intellectual property of I Know It, and are protected by applicable copyright, trademark, and/ or other intellectual property laws. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Website, is strictly prohibited, unless specifically authorized in writing by I Know It. You shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services and/ or Website. You shall not modify the Services and/ or Website in any manner or form, or use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You shall not access the Services by any means other than through the interface that is provided by I Know It for use in accessing the Services. Furthermore, you understand that the Third Party Content is protected by copyright and other laws in both the United States and elsewhere. I Know It reserves the right to cancel your account without refund if it is determined that you have violated this section of the Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST I KNOW IT SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES. I KNOW IT, AND ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS AND DISTRIBUTORS, SHALL NOT BE LIABLE, TO YOU AND/ OR ANY THIRD PARTY(IES), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF I KNOW IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), RESULTING FROM: (I) THE USE OF OR THE INABILITY TO USE THE EDUCACTIONAL PRODUCTS OR THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE OR EDUCATIONAL PRODUCTS; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (V) ANY CIRCUMSTANCES ARISING FROM THE UNAUTHORIZED USES OF YOUR USER NAME OR PASSWORD OR ACCOUNT OR ARISING FROM YOUR FAILURE TO COMPLY WITH SECTION 6 OF THE AGREEMENT; (VI) FOR ANY MODIFICATION, SUSPENSION OR TEMPORARY DISCONTINUANCE OF THE WEBSITE OR EDUCATIONAL PRODUCTS; (VII) FOR ANY TERMINATION OF YOUR ACCESS TO THE EDUCATIONAL PRODUCTS, YOUR ACCOUNT, AND/ OR THE WEBSITE; (VIII) FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY THIRD PARTY CONTENT, OR GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITE; OR (IX) ANY OTHER MATTER RELATING TO THE EDUCATIONAL PRODUCTS OR THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE EDUCATIONAL PRODUCTS, OR ANY PORTION OF THE WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EDUCATIONAL PRODUCTS AND/ OR THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
The Agreement constitutes the entire agreement between you and I Know It and governs your use of the Educational Products and Website, superseding any prior agreements between you and I Know It, whether written or oral. The Agreement and the relationship between you and I Know It shall be governed by the laws of the State of New York without regard to conflict of law provisions. You hereby consent to the exclusive jurisdiction of New York courts located in Erie County, New York with respect to any claim or controversy in any way related to this Agreement, whether in law, equity, contract, tort, or otherwise, and agree that courts situated in the State of New York, County of Erie shall be the exclusive venue for any and all such claims and controversies. The failure of I Know It to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Educational Products, the Website, and/ or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
T.P.W., Inc. dba I Know It
2 Main Street, Tonawanda, New York 14150
Telephone number: 716-260-2560
Fax number: 716-260-2516
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