KnowHowZone | Legal

Legal

Copyright © 2000-2007 Kinetic Learning, Inc.

This site contains materials created, developed, or commissioned by KnowHow Inc. and is protected by international copyright and trademark laws. No material (including but not limited to the text, images, audio, and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered, or disassembled, except that one copy may be downloaded for your personal, non-commercial use on a single computer pursuant to the terms and conditions of License Agreement between you and KnowHow Inc. In connection with such use, you may not modify or obscure any copyright or other proprietary notice. If you have any questions about these terms, or if you would like information about licensing materials from KnowHow please contact us via email at: corporatesales@knowhowzone.com.

Trademarks:

KNOWHOW, KNOWHOWZONE.COM, GET INTO THE KNOWHOWZONE, and GET INTO THE ZONE are trademarks of KnowHow Inc. in the United States and other countries. KnowHow's trademarks may not be used in connection with any product or service that is not KnowHow's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KnowHow Inc.

Refund:

If you register for a KnowHow course and are dissatisfied, we will refund the full cost of the course. In order to receive a full refund, you must submit a request within 5 days of registering and paying for a course. This request can be sent via e-mail to refunds@knowhowzone.com or via the US Postal Service.

Privacy:

KnowHow is committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalized shopping experience. Please read on for more details about our privacy policy.

What information do we collect? How do we use it? When you order, KnowHow needs to know your name, e-mail address, mailing address, credit card number, and expiration date. This allows us to process and fulfill your order and to notify you of your order status. When you sign up for some services, we may need only an e-mail address--which is used to send the information you requested. When you enter a contest or other promotional feature, we may ask for your name, address, and e-mail address so we can administer the contest and notify winners. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site. We may also use the information we collect to occasionally notify you about important functionality changes to the Web site, new KnowHow services, and special offers we think you'll find valuable.

How does KnowHow protect customer information? When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data collected is protected against unauthorized access.

What about "cookies"? "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide certain features that better enable us to serve you. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that.

Will KnowHow disclose the information it collects to outside parties? KnowHow does not sell, trade, or rent your personal information to others. We may choose to do so in the future with trustworthy third parties, but you can tell us not to by sending a blank e-mail message to notme@knowhowzone.com. (If you use more than one e-mail address to shop with us, send this message from each e-mail account you use.) Also, KnowHow may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.

License:

IMPORTANT: PLEASE READ THIS COURSEWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE COURSEWARE. BY USING THE COURSEWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW.

1. License. KnowHow Incorporated ("KnowHow") grants to the Licensee purchasing this Courseware a nonexclusive, nontransferable license to use the courseware in accordance with this License. The term "Courseware" shall be defined to include all courses, lessons, Challenges and Resources that are delivered to Licensee by KnowHow. This License is not a sale. KnowHow or KnowHow's Licensors retain title to the Courseware and related documentation, if any. This License allows use of the Courseware and documentation only by one User. "User(s)" means one individual Licensee.
2. Restrictions. This License sets forth the terms and conditions governing the use of the Courseware and documentation. Licensee may not remove any proprietary notices, labels, or marks on the Courseware or its documentation. Licensee may not rent, lease, distribute or sublicense or otherwise transfer the Courseware or its documentation. The Courseware contains copyrighted material, trade secrets and other proprietary material. Licensee shall not, without the prior written permission of KnowHow nor permit anyone else to copy, decompile, reverse engineer, disassemble or otherwise reduce the Courseware to a human perceivable form, or to modify, network, rent, lease, loan, distribute, sublicense or create derivative works based upon the Courseware or the documentation in whole or in part. Licensee shall not (1) modify or prepare derivative works or the Courseware, (2) use the Courseware in a computer-based services business or publicly display visual output of the Courseware, or (3) transmit the Courseware over a network, by telephone or electronically using any means. Notwithstanding, if the Courseware is lawfully acquired outside of the United States within a jurisdiction which is a member of European Economic Community (EEC) subject to the EEC Council Directive of May 14, 1991, Licensee agrees that within that jurisdiction it shall not, and shall not allow any party on Licensee's behalf, to attempt to reverse engineer or decompile the Courseware into another computer language, except as expressly and specifically provided in the EEC Council Directive of May 14, 1991. Any and all information obtained during such lawful reverse engineering and/or decompiling activities, including but not limited to, the organization, logic, algorithms and processes of the Courseware, shall be deemed to be the confidential and proprietary information of KnowHow or its Licensors. 3. Termination. This License is effective for six (6) months from time of registration for the course. However, this License will terminate immediately without notice from KnowHow if Licensee fails to comply with any provision of this License. Upon termination, Licensee will no longer be provided with access to the Courseware via online delivery.
4. Government End Users. If Licensee is acquiring the Courseware on behalf of any unit or agency of the United States Government, the following restrictions and provisions apply. The Government agrees: (i) if the Courseware is supplied to the Department of Defense ("DOD"), the Courseware is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Courseware and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Courseware is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in the Courseware and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
5. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that the use of the Courseware is at Licensee's sole risk. The Courseware, documentation, and technical support are provided "AS IS" and without warranty of any kind. Information regarding any third party services included in this package is provided as a convenience only, without warranty by KnowHow and will be governed solely by the terms agreed upon between Licensee and the third party providing such services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, KNOWHOW AND KNOWHOW'S LICENSORS, (FOR THE PURPOSES OF PROVISION 5, KNOWHOW AND KNOWHOW'S LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS KNOWHOW) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. KNOWHOW DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE COURSEWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE COURSEWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COURSEWARE WILL BE CORRECTED. FURTHERMORE, KNOWHOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COURSEWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KNOWHOW OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASES THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGA RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KNOWHOW, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE COURSEWARE, EVEN IF KNOWHOW OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. In no event shall KnowHow's total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by Licensee for the Courseware and any documentation.
7. No Waiver or Assignment. No delay or failure to take action under this License will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of KnowHow and no single waiver will constitute a continuing or subsequent waiver. This License may not be assigned, sublicensed or otherwise transferred by Licensee, by operation of law or otherwise, without KnowHow's prior written consent, provided that Licensee may assign this License upon written notice to KnowHow in instances in which such assignment is to an entity which acquires all or substantially all of the business of Licensee, whether by merger, consolidation, or acquisition of assets.
8. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Minnesota, with any dispute or claim regarding the parties hereto or the subject of this Agreement subject to the jurisdiction of the State of Minnesota, Hennepin County District Courts. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
9. Entire Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Courseware and its documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any additional or different terms or conditions proposed by Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by KnowHow. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of KnowHow. KnowHow Incorporated.