Terms of Service

Last Updated: July 09, 2018


Welcome to the Knotis Site. In order to use our Site (as defined below), and associated mobile versions and applications, you must agree to our Terms of Service. The Terms of Service (Terms of Use) are our "rules of the road" - they are important and contain important legal disclosures that you must read carefully - including terms of sale that apply when you buy something through the Site and terms specifying permissible uses of the Site - including community rules and terms governing user-generated content. If you have any questions about these Terms of Use, contact us.

These Terms of Use are organized as follows:

  1. Basic Terms
  2. Access to the Site
  3. Transmission of Information
  4. Location Sharing
  5. Creating an Account on our site
  6. Universal Restrictions
  7. Advertiser Terms
  8. Modification of this Agreement
  9. Ownership of the Site
  10. Copyright and Trademarks
  11. End User Communications
  12. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
  13. Unsolicited Ideas
  14. Disclaimer of Warranty
  15. Limitation of Liability
  16. Arbitration
  17. Websites of Others
  18. Indemnification/Release
  19. Termination
  20. Choice of Law
  21. Additional Disclosures

ACCEPTANCE OF TERMS OF USE

Knotis, Inc. ("Knotis" or "us" or "our") operates this website, http://www.knotis.com, the mobile and touch versions and applications, and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the "Microsites") will be collectively referred to as the "Site" in these Terms of Use. In exchange for using our Site and Knotis's services through the Site, you ("you" or, "End User") hereby agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). The term "using" includes any person or entity who accesses or uses the site with crawlers, robots, browsers, data mining, or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY KNOTIS SERVICE OR PURCHASE ANY PRODUCT OFFERED THROUGH THE SITE.

Basic Terms

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. Violation of these Terms of Use may, in Knotis's sole discretion, result in termination of your Knotis account. You understand and agree that Knotis cannot and will not be responsible for the Content posted on the Site and you use the Site at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Knotis, we can stop providing all or partial access of the Site to you.

  • You must be 13 years old to use the Site.
  • You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other inappropriate content via the Site.
  • You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Knotis prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Knotis upon registration and at all other times will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
  • You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Site and your Content (defined below), including but not limited to, copyright, rights of privacy, and rights of publicity laws.
  • You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Site, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses, or personal health information.
  • You are solely responsible for your conduct and any reviews, opinions, advice, ratings, discussions, comments, messages, other communications, data, files, information, usernames, images, photos, audio and video clips, sounds, musical works, works of authorship, and other content or materials (collectively, "Content") that you submit, post or display on or via the Site.
  • You must not attempt to restrict another user from using or enjoying the Site and you must not encourage or facilitate violations of these Terms of Use or any other Knotis terms.
  • You must not infringe on the privacy rights of other users or third parties in your use of the Site.
  • You may not attempt to access, or actually access, data not intended for you, such as by logging into a server or an account which you are not authorized to access.
  • You may not attempt to scan, or test the security or configuration of the Site or to breach security or authentication measures.
  • You may not tamper or interfere with the proper functioning of any part, page or area of the Site or any functions or services provided by Knotis.
  • You may not attempt to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site.
  • You may not use frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission.
  • You may not use any Site content in any meta tags or any other "hidden text" techniques or technologies without our express written permission.
  • You may not use the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Knotis.
  • You may not resell or repurpose any purchases made through the Site.
  • You may not use the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Knotis to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Knotis, including without limitation, aggregating current or previously offered deals.
  • You may not collect content from the Site, including but not limited to current or previously offered promotions, and feature such content to consumers in any manner that diverts traffic from the Site without our express written permission.
  • You may not collect the Personal Information, statements, data or Content of any Site End Users or Merchants.
  • You may not use any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing.
  • You may not exceed or attempt to exceed quantity limits when purchasing vouchers or products, or otherwise using any Knotis account to purchase vouchers or products for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site.
  • You may not access, monitor or copy any content or information from this Site using any "robot," "spider," "scraper" or other automated means or any manual process for any purpose without our express written permission.
  • You may not violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site.
  • You may not take any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion).
  • You may not aggregate any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
  • You may not deep-link to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission.
  • You may not act illegally or maliciously against the business interests or reputation of Knotis, our Merchants or our services.
  • You may not hyperlink to the Site from any other website without our express initial and express ongoing consent.

Access to the Site

Knotis retains the right at our sole discretion to deny service or access to the Site or an account to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control. While we will use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated.

Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with Knotis and the Site. In addition, Knotis is not responsible for any data lost during transmission.

Location Sharing

The services provided by Knotis deal with location, so in order to work, the Site needs to know your location. Whenever you open and use/interact with the mobile application on your mobile device or go to one of our Sites, we use the location information to tailor the services and information to your current location. This information is NOT shared with others. Also, the Site uses your mobile device's "background location" feature to provide the services, including to show you deals and interesting things near you. The Knotis mobile application will tell us about your mobile device's location even if you are not directly interacting with the application.

Knotis gathers location information on its mobile application through various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide Knotis with information on nearby devices, Wi-Fi access points and cell towers. We gather this information to tailor our services for you, like helping you to find local events or deals in your area. We may also use your data to develop aggregated analyses and reports that help us improve our algorithms, measure and understand how our Sites are used, and to develop new products, services and features.

By using the Site on your mobile device, you give Knotis your affirmative and express consent to use your mobile device's "background location" feature for location data collection whether you are actively using the mobile application or not.

Creating an Account on our Site

If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Knotis account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities, and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

Universal Restrictions

The restrictions below apply to ALL offers, unless otherwise specified by each individual merchant, entity or brand. Any violation of these terms can result in Knotis keeping 100% of the cashback.

  • Offer can only be used once.
  • Offer cannot be combined with any other offers or specials.
  • Offer must be used by a Knotis user, unless otherwise permitted by Knotis.

Advertiser Terms

Knotis agrees to provide to Advertiser its proprietary marketing platform and service under the following terms and conditions outlined in the Advertiser Agreement.

Running a Campaign on Knotis is consideration for all terms outlined herein. If an Insertion Order was not executed between both parties, Knotis and the Advertiser, the default Offer or Reward terms will be as follows:

  • Campaign Duration: The standard Campaign duration or term is one (1) year (the “Initial Term”), and on each anniversary of the Effective Date (the “Renewal Date”) it shall auto-renew for successive one-year terms (each a “Renewal Term”) unless one Party notifies the other of its intent not to renew a minimum of 60 days prior to the Renewal Date.
  • Dynamic Rewards: Knotis reserves the right to promote reward amounts that are less than the maximum reward amount.
  • Minimum Reward Amount: Advertiser must run an offer of 10% or greater at all times, unless otherwise approved by Knotis.
  • Minimum Spend Requirement: By default the Minimum Spend Requirement is $0. Customers will not be required to spend any particular amount before the offer can be triggered. As long as all other restrictions have been met and assuming the consumer makes a Qualifying transaction, they they will be entitled to receive cashback.
  • Maximum Savings: By default the Maximum Savings Amount is unlimited. As long as the consumer meets all other restrictions and makes a Qualifying transaction, there will be no cap on their savings.
  • Marketing Budget Cap: By default, the Marketing Budget Cap will be unlimited. Advertiser may impose a budget at any point. However, the budget must be greater than $200 per month.
  • New Customer Fee: By default, the new customer fee is 10% of the total transaction amount.
  • Returing Customer Fee: By default, the returning customer fee is 5% of the total transaction amount.

Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services, we will notify you by sending you an email to the email address that is registered with your account and/or by posting notice of the change on the Site. If you have an account on the Site, any changes to these Terms of Use will be effective upon the earlier of our dispatch of an email notice to you, or our posting of notice of the changes on our Site, provided that, these changes will not apply to vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new and existing users of our Site and for all vouchers purchased after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

Ownership of the Site

The content and information on the Site as well as the infrastructure used to provide both, is proprietary to Knotis, its users, Merchants, and other partners. Knotis grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site and any Microsite pursuant to this Agreement and to any additional terms and policies set forth by Knotis. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any data, content, information, software, products or services obtained from or through the Site or any Microsite without the express permission of Knotis. In addition, you may not make any use that exceeds or violates these Terms of Use.

Copyright and Trademarks

This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. Knotis owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it or assigned to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Knotis or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property rights infringement that may subject you to civil and/or criminal penalties.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Knotis does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

"Knotis", the Knotis logos, and variations thereof found on the Site are trademarks owned by Knotis, and all use of these marks inures to the benefit of Knotis. Other marks on the site not owned by Knotis may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Knotis unless otherwise stated, or may be the property of their respective owners. You may not use Knotis' name, logos, trademarks, or brands without Knotis' express permission.

End User Communications and Content Generation

Knotis in some instances allows you and other End Users to use the Site to generate or submit Content through the mobile application, forums, bulletin boards, discussion groups, chat rooms, blogs, or other communication facilities that may be offered on or through the Site from time to time (collectively, "Communities"). In most instances, you will be required to have a Knotis user account in order to generate Content.

Knotis strives to connect its users with the community around them through the use of the Site, and particularly the mobile application. In generating Content in any Communities, including but not limited to generating Content on the mobile application, you specifically agree and consent to abide by the Terms of Use set out in this Agreement.

In contributing any Content, you represent and warrant (a) you have created your Content, or, (b) if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the Content, and that you have all rights necessary to grant the licenses and grants in this Agreement. You further represent and warrant (or, if you are acting on behalf of the creator of the Content, you have been assured that the creator represents and warrants) that the sharing of Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available Content if it is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violates any third party rights; or if it contains any material that harbors software viruses, or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.

In generating Content, in particular, images, photos, audio and video clips, and sounds, you have the ability to purposefully or inadvertently include non-consenting third parties. You agree that in generating any Content you will not violate the rights of any third parties. You further agree that you will be solely liable for any violations of any privacy or publicity rights of any party.

Knotis shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose to any third party the Content within the Communities, and the circumstances surrounding its transmission, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Knotis, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Knotis shall have the right, but not the obligation, in its sole and absolute discretion to remove any material from the Communities. Knotis assumes no liability for any Content or other information removed from the Communities. Knotis is under no obligation to use your Content and may not use or post it at all.

In some instances and from time to time, you may modify or remove the Content you submit or post in Communities through your user account. Knotis makes no representations or warranties that the Content you modify or remove will be modified or removed in the Communities, or that the Content will cease to appear on the Internet, in search engines, or in any other form, media or technology.

Your Content and Personal Information.

You understand and agree that all Content you generate is public and not private. Any and all Content you post to the Site is not confidential. Any other person (whether or not a user of Knotis' services) may read or view your Content without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Content that you do not wish to be publicly disclosed. Knotis is not responsible for the use or disclosure of any Personal Information that you voluntarily disclose in connection with the Content.

You may be given the option to provide your Personal Information, or portion of your Personal Information, including your name, initials, username, social networking website user account name, image, likeness, voice, and location. You hereby grant Knotis a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide, right to use, display, distribute, offer to sell and sell the Personal Information you provide.

Other End Users may post Content that is inaccurate, misleading, or deceptive. Knotis does not endorse and is not responsible for any Content made by End Users, and will not be liable for any loss or damage caused by your reliance on such Content. The Content, and the opinions expressed therein by other End Users reflect the opinions of the End Users who submitted them, and may not reflect the opinion of Knotis. Knotis does not control or endorse any Content found in any part of the Communities, and Knotis specifically disclaims any liability concerning the Content and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content.

License Grant

As between you and Knotis, you shall retain all of your ownership rights in and to the Content you submit or post. However, by contributing Content or other information on or through the Communities, you hereby grant Knotis a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Content that you may have under any applicable law under any legal theory. Your license of any Content or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

Knotis reserves the right to terminate the right to use the Site by an End User who infringes the rights of another.

If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, and you would like to bring this material to Knotis' attention, you must provide Knotis' DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

The contact information for Knotis's DMCA Agent for notice of claims of copyright infringement is:

Knotis Inc.
Attn: Copyright Agent
321 3rd Ave S #405
Seattle, WA 98121 USA

Unsolicited Ideas

We do not accept or consider, directly or through any Knotis employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form ("unsolicited materials"). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

  • Knotis has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
  • You hereby assign to Knotis all your right, title and interest in and to the unsolicited materials, and Knotis therefore owns, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER KNOTIS, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICES, PRODUCTS, VOUCHERS, OR STATEMENTS (AS DEFINED ABOVE) PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. KNOTIS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL KNOTIS, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, OR THESE TERMS OF USE. IN NO EVENT WILL KNOTIS' LIABILITY IN CONNECTION WITH A VOUCHER OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

Arbitration

We will make every reasonable effort to resolve any disagreements that you have with Knotis. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Knotis arising out of, relating to, or connected in any way with this Agreement, this Site, or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Knotis; (b) the arbitrator shall apply Washington law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Knotis' individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Knotis will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Knotis shall be entitled to arbitrate their dispute.

Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

Indemnification/Release

You agree to defend, indemnify and hold harmless Knotis, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you, or any Statements submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms.

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Knotis from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Knotis, and any conduct, speech, statements, or Content whether online or offline, of any other user.

Termination

Knotis may terminate these Terms of Use at any time. Without limiting the foregoing, Knotis shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Knotis considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or Knotis' services shall be governed by the internal laws of the State of Washington, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision shall be governed by the Federal Arbitration Act.

Additional Disclosures

No waiver by either you or Knotis of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

You are contracting with Knotis, Inc. Correspondence should be directed to:

Knotis Inc.
Attention: Privacy Office
321 3rd Ave S
Seattle, WA 98104 USA

The provisions of these Terms of Use apply equally to and are for the benefit of Knotis, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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Thank you for your attention to these Terms. Please enjoy Knotis!