Terms of Service
Good To Know Inc Terms of ServiceLast Updated: January 15, 2012
Introduction: Your Agreement to the Terms of Service
Welcome, and thank you for your interest in Good To Know Inc., a Delaware corporation ("Good To Know Inc"), which operates the web site and online services located at http://readstoried.com (the "Website"). The following Terms of Service for the Website is a legal contract between you, either an individual subscriber, customer, member, or user ("You"), and Good To Know Inc regarding your use of the Website. Visitors and users of the Website are referred to individually as "User" and collectively as "Users".
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS").
Table of Contents:
2. Privacy Notice.
3. Additional Terms; Other Guidelines
4. Modification of the Terms.
5. User Postings License Grant; Representations and Warranties.
6. Digital Millennium Copyright Act.
7. Licensed Educational Content.
8. Prohibited Conduct.
9. Account; Access to Your User Postings.
10. Fees; Payments.
11. Third-Party Sites, Products and Services; Links.
13. Ownership; Proprietary Rights.
15. Disclaimers; No Warranties.
16. Limitation of Liability and Damages.
17. Miscellaneous (including Dispute Resolution and Arbitration).
18. Eligibility. THE WEBSITE IS NOT AVAILABLE TO ANY PERSONS UNDER THE AGE OF 13, EXCEPT AS PERMITTED IN THIS SECTION, OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY GOOD TO KNOW INC. By using the Website, You represent that You have not been previously suspended or removed from the Website by Good To Know Inc and that You are either (i) at least 13 years of age or (ii) Your account is registered with an organization that has partnered directly with Good To Know Inc ("Educational Organization") and Your parent and/or guardian has consented to Your use of the Website through such partner.
20. Additional Terms; Other Guidelines.
20.1. Additional Terms. Users who utilize any of Good To Know Inc's APIs are bound by the API terms of service ("API Terms"). Good To Know Inc's API Terms are hereby incorporated into these Terms by reference.
20.2. Other Guidelines. When using the Website, You will be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time, including without limitation the API Terms (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
21. Modification of the Terms. Good To Know Inc reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Website.
22. User Postings License Grant; Representations and Warranties.
22.1. User Postings Generally. Good To Know Inc may now or in the future permit the posting by You and other users of notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, "User Postings") and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, Good To Know Inc does not guarantee any confidentiality with respect to any submissions.
22.2. Limited License Grant to Good To Know Inc. By submitting or distributing User Postings through the Website, You hereby grant to Good To Know Inc a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
22.3. Limited License Grant to Other Good To Know Inc Users. By submitting or distributing User Postings through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Postings. The foregoing license granted by You terminates as to a specific User Posting once You remove or delete such User Posting from the Website provided, however, that Users' rights to such User Posting arising out of distributions occurring on or prior to deletion of such User Posting from the Website survive any termination or expiration of the license granted in this Section 5.3.
22.4. User Postings Representations and Warranties. You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading and publishing your User Postings, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Good To Know Inc and Good To Know Inc's Users to use and distribute your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by Good To Know Inc and these Terms of Service; (2) your User Postings do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Postings do not contain any viruses, adware, spyware, worms, or other malicious code. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. GOOD TO KNOW INC RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THESE TERMS OF SERVICE.
22.5. User Postings Disclaimer. You understand that when using the Website You will be exposed to User Postings from a variety of sources, and that Good To Know Inc is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that You may be exposed to User Postings that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Good To Know Inc with respect thereto. Good To Know Inc does not endorse any User Postings or any opinion, recommendation or advice expressed therein, and Good To Know Inc expressly disclaims any and all liability in connection with User Postings. If notified by a User or a content owner of a User Posting that allegedly does not conform to the Terms, Good To Know Inc may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice. For clarity, Good To Know Inc does not permit copyright infringing activities on the Website.
23. Digital Millennium Copyright Act. It is Good To Know Inc's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Good To Know Inc will promptly terminate without notice your access to the Website if You are determined by Good To Know Inc to be a "repeat infringer." A repeat infringer is a User who has been notified by Good To Know Inc of infringing activity violations more than twice and/or who has had a User Posting or any other user-submitted content removed from the Website more than twice.
24. Licensed Educational Content
24.1 Default License Grant. Unless indicated as being in public domain, all educational stories and exercises provided on the Website by Good To Know Inc (the "Licensed Educational Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless otherwise indicated, all Licensed Educational Content is the property of Good To Know Inc or its subsidiaries or affiliated companies and/or third-party licensors and is licensed to You by Good To Know Inc. By downloading or otherwise accessing such Licensed Educational Content, You agree to comply with all the terms of the License. Good To Know Inc reserves all rights in the Licensed Educational Content not expressly granted in the Terms.
24.2 License Restrictions. The Licensed Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, the Licensed Educational Content may not be used, distributed or otherwise exploited for "commercial advantage or private monetary compensation" under the License unless otherwise agreed in writing by Good To Know Inc.
Whether a particular use of the Licensed Educational Content is "non-commercial" depends on the use, not the user. Good To Know Inc defines as "non-commercial" any use that is not directly intended to generate sales or profits for the user.
• As an example, the use by a for-profit corporation of the Licensed Educational Content for internal professional development and/or training of its employees is "non-commercial" as long as that corporation does not charge its employees for such use.
• As another example, the use by a non-profit corporation of the Licensed Educational Content for the training of its clients in return for a fee is NOT "non-commercial".
c. (a) Good To Know Inc strives to make the Licensed Educational Content freely available to as wide an audience as possible. Therefore, if you have any questions or concerns regarding whether a particular use of the Licensed Educational Content is allowed under this license, please contact Good To Know Inc at firstname.lastname@example.org for guidance. Without limiting the generality of the terms of the License, the following are types of uses that Good To Know Inc expressly defines as falling outside of the definition of "non-commercial": the sale or rental of any part of the Licensed Educational Content, any derivative works based at least in part on the Licensed Educational Content, or any collective work that includes any part of the Licensed Educational Content;
d. (b) the sale of access or a link to any part of the Licensed Educational Content without first obtaining informed consent from the buyer that the buyer is aware that the Licensed Content or such part thereof is available at the Website free of charge;
e. (c) providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
f. (d) the sale of advertisements, sponsorships, or promotions placed on the Licensed Content or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any "pop-up advertisements".
3. 7.3 Crediting Good To Know Inc. The License requires attribution to Good To Know Inc in association with Your use of the Licensed Educational Content. Accordingly, if You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content, You must also provide the following notice prominently along with the Licensed Educational Content: "[NOTE: All Good To Know Inc content available for free at www.readstoried.com]".
25. Prohibited Conduct. BY USING THE WEBSITE YOU AGREE NOT TO:
25.1. use the Website for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Website as such services are offered by Good To Know Inc;
25.2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 12, below);
25.3. post, upload, or distribute any defamatory, libelous, or inaccurate User Postings or other content;
25.4. post, upload, or distribute any User Postings or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
25.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;
25.6. delete the copyright or other proprietary rights on the Website or User Postings;
25.7. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
25.8. use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
25.9. defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Website for any commercial use, it being understood that the Website is for personal, non-commercial use only;
25.10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website or User Postings, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website or User Postings;
25.11. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
25.12. modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
25.13. intentionally interfere with or damage operation of the Website or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
26. Account; Access to Your User Postings.
26.2. Access to Your User Postings. Good To Know Inc permits Users to share their User Postings with a select group of other Users, or make their User Postings public for all (even non-Website users) to view. You acknowledge and agree that although Good To Know Inc allows you to restrict some User Postings you create from others, Good To Know Inc does not guarantee that such User Postings will never be accessible by others. In the event of unauthorized access, Good To Know Inc will use reasonable efforts to notify you pursuant to Section 17.1 below. GOOD TO KNOW INC HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER POSTINGS.
27. Fees; Payments.
27.1. Fees. You agree to pay all fees and charges specified when you registered for the Website, or any part thereof. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Website.
27.2. Payment Methods. Good To Know Inc will charge the registration fee, if any, and other additional fees or donations you authorize, to the PayPal account or credit card you designate. You authorize the credit card or PayPal account to pay any amounts described herein and authorize Good To Know Inc, or any other company that acts as a billing agent for Good To Know Inc, to continue to attempt to charge all sums described herein to your credit card or PayPal account until such amounts are paid in full. You agree to provide Good To Know Inc updated information regarding your credit card and PayPal account upon Good To Know Inc's request and any time the information earlier provided is no longer valid. If payment is not received by Good To Know Inc from your credit card issuer or Paypal, you agree to pay all amounts due upon demand by Good To Know Inc.
27.3. Credit Card Authorization. If Good To Know Inc permits You to use a credit card to activate your account and/or pay for any fees related to the Website, You will be asked to provide Good To Know Inc with a credit card number from a card issuer that we accept. Good To Know Inc may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
27.4. Changes in Price. Good To Know Inc may at any time, upon notice required by applicable law, change the price of the Website or any part thereof, institute new charges or fees, or charge a fee for the Website or any part thereof where a fee was not previously charged. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Website. Your continued use of the Website after the effective date of any such change shall constitute your acceptance of such change.
27.5. No Refunds. All fees relating to the Website, including any fees charged for access to the Website, are final and nonrefundable.
28. Third-Party Sites, Products and Services; Links. The Website may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Good To Know Inc does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
29. Ownership; Proprietary Rights. The Website is owned and operated by Good To Know Inc. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by Good To Know Inc (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the Website are the property of Good To Know Inc or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Good To Know Inc or its affiliates and/or third-party licensors. Except as expressly authorized by Good To Know Inc. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Good To Know Inc reserves all rights to the Materials not expressly granted in the Terms.
30.1. Termination by Good To Know Inc. You agree that Good To Know Inc, at its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Good To Know Inc or your use of the Website and remove and discard all or any part of your account, User profile, and any User Postings, at any time. Good To Know Inc may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have or portion thereof may be affected without prior notice, and You agree that Good To Know Inc will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Good To Know Inc may have at law or in equity. As discussed herein, Good To Know Inc does not permit copyright infringing activities on the Website, and will terminate access to the Website, and remove all User Postings or other content submitted, by any Users who are found to be repeat infringers.
30.2. Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Good To Know Inc in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
31. Indemnification. You agree to indemnify, save, and hold Good To Know Inc, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by You of the Terms, or any breach of the representations, warranties, and covenants made by You herein. Good To Know Inc reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Good To Know Inc, and You agree to cooperate with Good To Know Inc's defense of these claims. Good To Know Inc will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
32. Disclaimers; No Warranties.
32.1. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOOD TO KNOW INC, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOD TO KNOW INC OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT, AS USED IN THIS SECTION 15, THE TERM GOOD TO KNOW INC INCLUDES GOOD TO KNOW INC'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
32.2. "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER POSTINGS, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
32.3. Content. GOOD TO KNOW INC, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER POSTINGS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
32.4. Accuracy. GOOD TO KNOW INC, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
32.5. Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
33. Limitation of Liability and Damages.
33.1. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GOOD TO KNOW INC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH GOOD TO KNOW INC, EVEN IF GOOD TO KNOW INC OR A GOOD TO KNOW INC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GOOD TO KNOW INC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
33.2. Limitation of Damages. IN NO EVENT WILL GOOD TO KNOW INC'S OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR THIRD-PARTY PARTNERS', LICENSORS', OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
33.3. Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN GOOD TO KNOW INC AND RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY REFERENCE SITES.
33.4. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT GOOD TO KNOW INC HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GOOD TO KNOW INC, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GOOD TO KNOW INC. GOOD TO KNOW INC WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
33.5. Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
34.1. Notice. Good To Know Inc may provide You with notices, including those regarding changes to the Terms, by email, regular mail or postings on the Website. Notice will be deemed given twenty-four hours after email is sent, unless Good To Know Inc is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
34.2. Waiver. The failure of Good To Know Inc to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Good To Know Inc.
34.3. Dispute Resolution and Arbitration.
(a) Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
(b) Arbitration. For any claim related to the Terms or the Website, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Good To Know Inc or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or Good To Know Inc will be filed only in the state or federal courts in and for New York County, New York, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 16.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
(d) Improperly Filed Claims. All claims you bring against Good To Know Inc must be resolved in accordance with this Section 17.3. All claims filed or brought contrary to this Section 17.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 17.3, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
34.4. Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
34.5. Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Good To Know Inc without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
34.6. Survival. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5 through 16.
34.7. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
34.9. Claims. YOU AND GOOD TO KNOW INC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
34.10. Disclosures. The Website is hosted in the United States, and the services provided hereunder are offered by Good To Know Inc: 168 E80th Street New York, NY 10075; email@example.com
© 2011-2012 Good To Know Inc.