KnowQuest.net Terms of Use


Effective date: October 21, 2019

KnowQuest Inc. ("us", "we", “KnowQuest.net”, or "our") operates the www.KnowQuest.net website (hereinafter referred to as the "Service").

This page informs you of our Terms and Conditions regarding the use of our Service.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company, college or other legal entity, you represent and warrant that you have the authority to bind that company, university or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Definitions


Site

Site refers to the website www.KnowQuest.net operated by KnowQuest Inc.

Service

Service is the Site’s features, including but not limited to: ratings, search, sign-up, sign-in, etc.

Account

In order to access certain Services on the Site, an eligible person must setup an Account, which requires an email confirmation, user name, password, and security questions.

Account Type

Account Types range from students and professors, to publishers and content creators, researchers and institutions, as well as administrators. Account Types control which Services are available to each Member.

Content

Content means text, graphics, images, music, software, audio, video, information or other works of authorship.

KnowQuest.net Content

KnowQuest.net Content means Content that the Service makes available including any Content licensed from a third party, but excluding Member Content.

Member

Member means a person who completes the account registration process, as described under the “Account Registration” section below.

Member Content

Member Content means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services, including Ratings Data.

Collecting Content

Collective Content means, collectively, Site Content and Member Content.

Ratings Data

Ratings Data means any and all data resulting from any and all Members.

Modification


We reserve the right, at its sole discretion, to modify the Site, Services and these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Effective date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility


The Site and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years of age or older.

Account Registration


In order to access certain features of the Site and Services and to post any Member Content on the Site or through the Services you must register to create an Account and become a Member.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.

Privacy


See our Privacy Policy for information and notices concerning the Site’s collection and use of your personal information.

Ownership


The Site, Services and Collective Content are protected by copyright, trademark, and other laws of Canada and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of KnowQuest.net and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

Licenses Granted by KnowQuest.net to Content and Member Content Subject to your compliance with the terms and conditions of these Terms, we authorize you to download, view and print any Site Content, solely for your personal and non-commercial purposes, and to access and use the Site and Services, including to download, view and print any Member Content solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by KnowQuest.net or its licensors, except for the licenses and rights expressly granted in these Terms.

License granted by Member


We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making any Member Content available through the Site or Services, you hereby grant us a worldwide, non-exclusive, transferable, sublicensable, perpetual, royalty-free license to reproduce, modify for formatting purposes, prepare derivative works based upon, publicly display, publicly perform, distribute, and otherwise use your Member Content in connection with operating and providing the Services and Content to you and to other Members. We do not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to KnowQuest.net the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or our use of the Member Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback


We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Services (“Feedback”). You may submit Feedback by emailing us at info@KnowQuest.net. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

General Prohibitions


You agree not to do any of the following:

1. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, knowingly false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

2. Use, display, mirror or frame the Site, or any individual element within the Site or Services, KnowQuest.net’s name, any KnowQuest.net trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without KnowQuest.net’s express written consent;

3. Access, tamper with, or use non-public areas of the Site, KnowQuest.net’s computer systems, or the technical delivery systems of KnowQuest.net’s providers;

4. Attempt to probe, scan, or test the vulnerability of any KnowQuest.net system or network or breach any security or authentication measures;

5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by KnowQuest.net or any of KnowQuest.net’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;

6. Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by KnowQuest.net or other generally available third party web browsers;

7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

8. Use any meta tags or other hidden text or metadata utilizing a KnowQuest.net trademark, logo URL or product name without KnowQuest Inc.’s express written consent;

9. Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

10.Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;

11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;

12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;

13. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

14. Impersonate or misrepresent your affiliation with any person or entity;

15. Violate any applicable law or regulation; or

16. Encourage or enable any other individual to do any of the foregoing.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that we have no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We reserve the right, at any time and without prior notice, to remove or disable access to any Collective Content, including, but not limited to, Collective Content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Site or Services.

Copyright Policy


We respect copyright law and expects its users to do the same. It is our policy to terminate, in appropriate circumstances, Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy at https://www.knowquest.net/copyright, for further information.

Links


The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by knowquest.net of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

Termination and Account Cancellation


We reserve the right, at our sole discretion, to discontinue or terminate the Site and Services and to terminate these Terms, at any time and without prior notice. If you breach any of these Terms, we will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. You may cancel your Account at any time by visiting your Profile Settings page and clicking on “Delete Account”.

Disclaimers


THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KNOWQUEST.NET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KNOWQUEST.NET MAKES NO WARRANTY THAT THE SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KNOWQUEST.NET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KNOWQUEST.NET OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT KNOWQUEST.NET DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES KNOWQUEST.NET MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. KNOWQUEST.NET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity


You agree to defend, indemnify, and hold knowquest.net, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, or your violation of these Terms.

Limitation of Liability


YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER KNOWQUEST.NET NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KNOWQUEST.NET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL KNOWQUEST.NET’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KNOWQUEST.NET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices


All trademarks, service marks, logos, trade names and any other proprietary designations of knowquest.net used herein are trademarks or registered trademarks of knowquest.net. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law


These Terms and any action related thereto will be governed by the laws of the province of Ontario without regard to its conflict of laws provisions.

Entire Agreement


These Terms constitute the entire and exclusive understanding and agreement between knowquest.net and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between knowquest.net and you regarding the Site, Services and Collective Content.

Assignment


You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices


Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by knowquest.net (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution


You and KnowQuest.net agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the province of Ontario and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and KnowQuest.net are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and KnowQuest.net otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

Contact Us


If you have any questions about these Terms of use, please contact us:

By visiting this page on our website: www.knowquest.net/contact