These terms and conditions (the "Terms") govern your access to and use of Knollop's websites
and mobile applications that link to or reference these Terms ("Site"). By accessing this web
site, you are agreeing to be bound by these Terms and all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local laws.
Knollop Inc. ("Knollop"). If you are unwilling or unable to be bound by the Terms do not use the
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls,
scrapes, or in any way uses the Site. "We", "us", and "our" refer to Knollop.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or
communication. "Your Content" means Content that you submit to the Site, such as ratings, reviews,
communications, and information
that you publicly display or displayed in your account profile. "User Content" means Content that users
submit to the Site. "Knollop Content" means Content that we
create and make available in connection with the Site. "Third Party Content" means Content that
originates from parties other than Knollop or its users, such as from online course providers,
which is made available in connection with the Site. "Site Content" means all of the Content that is
made available in connection with the Site,
including Your Content, User Content, Third Party Content, and Knollop Content.
CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. If changes are made, we will make the
revised version available on this webpage, and will include at the top of this page the date that
revisions were last made. You should revisit these Terms regularly as revised versions will be
binding on you. Your continued access to or use of the Site after any posted updates to the Terms indicates
your acceptance of the updates.
USING THE SITE
Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the
Site is at your own risk, including the risk that you might be exposed to Content that is objectionable,
inaccurate, indecent, or otherwise inappropriate.
To use some of the features offered on the Site you must create an account and provide certain
information about yourself. You are responsible for all activities that occur in conjunction
with your account. We reserve the
right to close any user's account at any time for any or no reason.
Your account is for your personal, non-commercial use only.
You may not create multiple accounts, impersonate others, create or use an account for anyone
other than yourself,
or provide an email address other
than your own.
Communications from Knollop and other Users
By creating an account, you agree to receive certain communications in connection with the Site.
For example, you might receive suggestions or messages from other Users.
The Site may be down, updated, suspended or terminated at any time without notice or
Responsibility for Your Content
You alone are responsible for Your Content.
You assume all risks associated with Your Content, including anyone's reliance on its quality,
accuracy, or reliability, or any information disclosed by you in Your Content that makes you
personally identifiable. You represent that you own, or have the necessary permissions to use and
authorize the use of Your Content as described herein. You may not imply that Your Content is in
any way sponsored or endorsed by Knollop.
You may expose yourself to liability if, for example, Your Content contains material that is false,
intentionally misleading, or defamatory; violates 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; contains material that is unlawful, including illegal
hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the
violation of any law or regulation.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including displaying it,
incorporating it into advertisements, reformatting it, creating derivative works
from it, promoting it, distributing it, and allowing others to do the same in connection with
their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us
world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content
for any purpose. You also irrevocably grant the users of the Site and any Other Media the right
to access Your Content in connection with their use of the Site and any Other Media. Finally,
you irrevocably waive, and cause to be waived, against Knollop and its users any claims and
assertions of moral rights or attribution with respect to Your Content. By "use" we mean use,
copy, publicly perform or display, distribute, modify, translate, and create derivative works
of Your Content.
As between you and Knollop, you own Your Content. We own the Knollop Content, including but
not limited to visual interfaces, interactive features, graphics, design, compilation, computer
code, products, software, aggregate user review ratings, and all other elements and components
of the Site excluding Your Content, User Content and Third Party Content. We also own the
copyrights, trademarks, service marks, trade names, and other intellectual and proprietary
rights throughout the world ("IP Rights") associated with the Knollop Content and the Site, which
are protected by copyright, trade dress, patent, trademark laws and all other applicable
intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute,
create derivative works or adaptations of, publicly display or in any way exploit any of the
Knollop Content in whole or in part except as expressly authorized by us. Except as expressly and
unambiguously provided herein, we do not grant you any express or implied rights, and all rights
in and to the Site and the Knollop Content are retained by us.
Knollop and its licensees may publicly display advertisements and other information adjacent
to or included with Your Content. You are not entitled to any compensation for such
advertisements. The manner, mode and extent of such advertising are subject to change without
specific notice to you.
User Content does not necessarily reflect the opinion of Knollop. We reserve the right to remove,
screen, edit, or reinstate User Content from time to time at our sole discretion and without
notice to you. For example, we may remove a review if we believe it violates our Content
Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor
do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user.
While we encourage you to let us know if you believe another user has violated the Terms, we
reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading
reviews with other providers, or compensating someone or being compensated to write or remove
Violate any third party's rights, including any breach of confidence, copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Site for
commercial purposes, except in connection with a Business Account and as expressly
permitted by Knollop;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
Engage in keyword spamming, or otherwise attempt to manipulate the Site's search results
or any third party website;
Solicit personal information from minors, or submit or transmit pornography;
Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or
adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content
(other than Your Content), except as expressly authorized by Knollop;
Use any robot, spider, site search/retrieval application, or other automated device, process
or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
Reverse engineer any portion of the Site;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on
any portion of the Site or on any materials printed or copied from the Site;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Site for purposes of constructing or populating a
searchable database of business reviews;
Reformat or frame any portion of the Site;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on Knollop's technology infrastructure or otherwise make excessive
traffic demands of the Site;
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks
connected to the Site through hacking, password mining or any other means;
Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan
horses or other items of a destructive nature (collectively, "Viruses");
Use any device, software or routine that interferes with the proper working of the Site, or
otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network, crack passwords or security
encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the
Site or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features
of the Site, features that prevent or restrict the use or copying of Site Content, or features
that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law.
Nevertheless, you agree not to act contrary to them (even if permissible under applicable law)
without providing 30 days' prior written notice to us here, together with any information that
we may reasonably require to give us an opportunity to provide alternative remedies or otherwise
accommodate you at our sole discretion.
GUIDELINES AND POLICIES
You represent that you have read and understood our Content Guidelines.
information about you to third parties if we have a good faith belief that such a disclosure
is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce
inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal
process served on us; or (iv) protect our rights, reputation, and property, or that of our
users, affiliates, or the public. If you use the Site outside of the United States, you consent
to having your personal data transferred to and processed in the United States.
Copyright And Trademark Disputes
Please see our Infringement Policy for information about copyright and trademark disputes.
If you create a provider's account on the Site or purchase advertising from Knollop, the Knollop
Advertising Terms will apply. In the event of any conflict between the Knollop Advertising Terms
and these Terms, the Knollop Advertising Terms will prevail.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that
(i) your Feedback does not contain the confidential or proprietary information of third
parties, (ii) we are under no obligation of confidentiality, express or implied, with
respect to the Feedback, (iii) we may have something similar to the Feedback already under
consideration or in development, and (iv) you grant us an irrevocable, non-exclusive,
royalty-free, perpetual, worldwide license to use, modify, publish, distribute and
sublicense the Feedback.
The Site may include links to other websites or applications (each, a "Third Party Site").
We do not control or endorse any Third Party Site. You agree that we are not responsible
for the availability or contents of such Third Party Sites. Your use of Third Party Sites
is at your own risk.
Some of the services made available through the Site are provided in connection with third
parties and subject to additional terms posted here which are incorporated herein by reference.
You agree to indemnify, defend, and hold Knollop, its parents, subsidiaries, affiliates, any
related companies, suppliers, licensors and partners, and the officers, directors, employees,
agents and representatives of each of them (collectively, the "Knollop Entities") harmless,
including costs, liabilities and legal fees, from any claim or demand made by any third party
arising out of or relating to (i) your access to or use of the Site, (ii) your violation of
the Terms, (iii) any products or services purchased or obtained by you in connection with
the Site, or (iv) the infringement by you, or any third party using your account, of any
intellectual property or other right of any person or entity. Knollop reserves the right, at
your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defense of these claims. You
agree not to settle any matter without the prior written consent of Knollop. Knollop will use
reasonable efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF KNOLLOP AND ITS SUBSIDIARIES,
AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "KNOLLOP ENTITIES"). EACH OF THE SUBSECTIONS BELOW
ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS
INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS.
YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE KNOLLOP ENTITIES MAKE NO CLAIMS OR
PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR
THE SITE CONTENT. ACCORDINGLY, THE KNOLLOP ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE
THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF
THE BUSINESS LISTINGS, RATINGS, OR REVIEWS.
THE KNOLLOP ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE
BUSINESSES LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE KNOLLOP ENTITIES ARE NOT
LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR
EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE
WITH ONE OF THE BUSINESSES LISTED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES
OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE KNOLLOP ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE
KNOLLOP ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED
SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO,
OR USE OF THE SITE.
THE KNOLLOP ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER
IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID,
IF ANY, BY YOU TO THE KNOLLOP ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE KNOLLOP ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION,
(iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
CHOICE OF LAW AND VENUE
California law will govern these Terms, as well as any claim, cause of action or dispute that
might arise between you and Knollop (a "Claim"), without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND
EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED
WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.
You may terminate the Terms at any time by closing your account, discontinuing your use of
the Site, and providing Knollop with a notice of termination here. Please review our Privacy
Policy for information about what we do with your account when terminated.
We may close your account, suspend your ability to use certain portions of the Site, and/or
ban you altogether from the Site for any or no reason, and without notice or liability of
any kind. Any such action could prevent you from accessing your account, the Site, Your
Content, Site Content, or any other related information.
We may provide you with notices, including those regarding changes to the Terms by email,
regular mail or communications through the Site.
We reserve the right to modify, update, or discontinue the Site at our sole discretion,
at any time, for any or no reason, and without notice or liability.
Except as otherwise stated above, nothing herein is intended, nor will be deemed,
to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Site,
and supersede any prior agreement between you and us on such subject matter. The parties
acknowledge that no reliance is placed on any representation made but not expressly
contained in these Terms.
Any failure on Knollop's part to exercise or enforce any right or provision of the Terms does
not constitute a waiver of such right or provision. The failure of either party to exercise
in any respect any right provided for herein shall not be deemed a waiver of any further
If any provision of the Terms is found to be unenforceable or invalid, that provision shall
be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise
remain in full force and effect and enforceable.
The Terms are not assignable, transferable or sublicensable by you except with Knollop's prior
written consent, but may be assigned or transferred by us without restriction. Any assignment
attempted to be made in violation of the Terms shall be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.