This GoKnow.com Website is provided by GoKnow, Inc. ("GoKnow" or "we" or "us"). By visiting this website and making use of any of the information and services provided on this website, you expressly acknowledge that you understand and agree to our terms, conditions and disclaimers ("Terms"). We reserve the right to change these Terms from time to time, at our sole discretion. Your use of this website will be subject to the most current version of the Terms posted on this website at the time of your use.
A. Use of this Website
1. You may download and use the freeware and the free trial copy of proprietary GoKnow software available on this website (collectively, the "software") solely for educational purposes, but not for any commercial use or other purpose. Use of the software available on this website is governed by the terms of the individual licenses which accompany such software. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute the software available on this website, in whole or in part, without the prior written permission of GoKnow.
2. Except as expressly permitted in paragraph 1 above, you may not copy, reproduce, download, distribute, transmit, display, publish, post, modify or otherwise exploit any of the information or content on this website. You may not use any of the trademarks displayed on this website.
B. Disclaimers and Release of Liability
1. There may be delays in displaying information on this website and/or omissions or inaccuracies in such information, none of which shall be the basis for any claim, demand or cause for action against GoKnow.
2. GoKnow does not promise or guarantee that the software provided on or through this website will be free of defects, viruses, worms or other similar problems. GoKnow is not responsible for any loss or damage to you or your property, including your computer, from use of our website or any software downloaded from our website. Any software downloaded or otherwise obtained through use of this website is at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that may result from the download of such information. You agree to defend, indemnify and hold harmless GoKnow and its officers, directors, employees and agents, from and against all claims and expenses, including attorney fees, arising out of the use by you of this website or the software downloaded from this website. YOUR USE OF THIS WEBSITE AND THE SOFTWARE AVAILABLE THEREON ARE AT YOUR SOLE RISK. THE WEBSITE AND SUCH SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
3. GOKNOW DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. GOKNOW MAKES NO WARRANTY AND DISCLAIMS ANY WARRANTY THAT THE WEBSITE OR THE SOFTWARE AVAILABLE THEREON WILL BE SUITABLE FOR YOUR PURPOSES, MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4. GoKnow and its directors, officers, employees, agents, successors and assigns shall not be liable for any direct, indirect, consequential or incidental damages, whether foreseeable or not, (a) for the accuracy, completeness or timeliness of the information or software available on this website or for any decision made or action taken by you in reliance upon such information, software or ideas contained, suggested or referenced on this website, or (b) which may result from the unavailability or malfunction of the website or any information or software provided thereon. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or for breach of contract, tortious behavior, negligence or under any other cause of action.
5. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. In such cases, and to the extent permissible, any implied warranties are limited to ninety (90) days.
6. This website contains links to other websites of interest to you but for which GoKnow has no responsibility for the accuracy or availability of information provided by any such linked site. Links to other websites do not constitute an endorsement by GoKnow of such sites or the content, products, advertising or other materials presented on such sites. GoKnow makes no representations as to the quality, suitability, functionality or legality of any linked, third-party website and you hereby waive any claim you might have against GoKnow with respect to such sites and acknowledge and agree that GoKnow is not responsible or liable, directly or indirectly, for any damage or loss alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other linked sites.
7. If you are dissatisfied with our website or with these Terms, your sole remedy is to discontinue using the website.
C. Governing Law
This website is controlled by GoKnow from its offices in Ann Arbor, Michigan, United State of America. All matters relating to your access to or use of this website shall be governed by U.S. federal law or the laws of the State of Michigan. Any legal action or proceeding relating to your access to or use of this website shall be instituted in a state or federal court located in Washtenaw County, Michigan. You and GoKnow agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceeding.