Know Me, Inc. Terms of Service
All use of the Know Me Toolbox app (the “Application”) and all related websites or mobile applications provided by Know Me, Inc. (collectively with the Application, the “Service”) is conditioned on your acceptance of and compliance with these Terms of Service (“Terms”). These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
I. Legal Agreement
The Service is provided by Know Me, Inc. (“Company”, “us, “we,” or “our”). All references to Company include its subsidiaries and affiliates involved in providing the Service. Your use of the Service is subject to these Terms, the Know Me Privacy Statement, and such other terms as you may agree from time to time.
Company may change these Terms at any time by posting the amended Terms on the Application or providing a notice to you through the Service. Your continued use of the Service after the date the amended Terms are posted will constitute your acceptance of the amended Terms.
The Service is made available only to individuals who are at least 18 years old. If you are less than 18 years old, only an Authorized Individual may register and establish an account for your use. As used herein, an “Authorized Individual” is an individual who has appropriate authority to create and manage a Know Me account on behalf of a Dependent and may include a parent, guardian, or other legal representative; and “Dependent” is a minor child or other individual for whom an Authorized Individual is the legal representative.
You must provide accurate and complete registration information when you register to use the Service. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this obligation. You agree to notify us promptly of any unauthorized access to or use of your account. Company reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability.
Company may enable you to create accounts for minors or other members of your family over whom you have legal authority. You may only do so if you are the Authorized Individual, and by doing so, you certify that you have such authority. Company may enable you to give access to your account to Authorized Individuals. When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, communicate with your followers and perform certain other actions through the Service. You will be solely responsible for all use of the Service by Authorized Individuals and may remove or add Authorized Individuals through the Application.
III. Use and Conduct Restrictions
A. The Service is provided to you for your personal use. The Service is intended to allow you to post information about yourself, and share that information with those who want to know more about you. If you are accessing the Service as an Authorized Individual, you acknowledge and agree that your use of the Service is under the account of and for the benefit of the registered user. You agree to comply with these Terms in connection with your use of the Service.
B. You are able to upload content to and create content within the Service. Your permission to use the Service is conditioned upon the following Use and Conduct Restrictions. You retain ownership of all information and data that you provide to Company through the Service, including without limitation, any personal information about you and other text, graphics, audio, video, photographs and other materials you may store, post, distribute, or provide through the Service (“User Content”). You are solely responsible for your User Content. You hereby grant Company the right to use and access the User Content as necessary or appropriate for the provision of the Service, including the reproduction, display, modification and distribution of the User Content through the Service.
You agree that you will not, under any circumstances:
Post content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Use the Service for any unlawful purpose or for the promotion of illegal activities; Attempt to, or harass, abuse, or harm another person or group;
Use another user’s account without permission;
Provide false or inaccurate information when registering an account;
Interfere or attempt to interfere with the proper functioning of the Service;
Post or link to malicious content intended to damage or disrupt another user’s hardware or software;
Post or link to content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
C. You may provide certain personal information directly including during the registration process and through use of the Service. When you provide personal information through the Service, you provide Company authorization to use and distribute it in connection with the Service, including forwarding such information and allowing access to such information to your Authorized Individual and followers. Company will use personal information only as permitted by Know Me’s Privacy Statement, these Terms, and applicable law. You are able to invite others to view and collaborate on your content within the Service. Should they accept, they become users of the Service and are as such bound by these Terms. We are not liable nor responsible for any damages or losses arising from you inviting someone to view and collaborate on your content. You may remove people from being able to view or collaborate on your content within the Service at any time.
D. You may choose to store information that includes health-related information about you in certain areas of the Service. You may choose to give access to others to the information you store within the Service, including health-related information about you. We provide the Service solely for your personal use, and not on behalf of any health care provider or health plan, or for any commercial or non-personal purpose.
E. We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any product or the Service.
IV. Authorized Individuals
You may grant access to your Know Me account to one or more Authorized Individuals. You may grant an Authorized Individual access to your Know Me account by specifically authorizing Know Me to permit access by such Authorized Individual to your Know Me account. If there is an Authorized Individual involved in your account, you acknowledge that they have full access and control over the content posted to your account, and other people's access to your account. You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) Company has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized User.
V. User Agreements
A. By posting content via the Service, you affirm the following:
We reserve the right to determine when your actions or content qualify under the Use and Conduct Restrictions in Section III.B of these Terms;
We do not, and cannot, pre-screen or monitor all user content. However, at our discretion, we, or technology we may employ, may monitor and/or record your interactions with the Service;
You expressly grant, and you represent and warrant that you have a right to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, and publicly display all such content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service;
We and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned in the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.
B. Company grants you a personal, revocable, non-assignable, and non-exclusive license to download the Application to your personal mobile device and to use the Service in accordance with these Terms. You may use the Application and Service solely for your own personal use (or if you are an Authorized Individual, on behalf of the applicable user) and you shall not license, sublicense, copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the Application or any other proprietary content or material in the Service without the prior written consent of Company. You are not permitted to access or use the Service to monitor its availability, performance, or functionality, for any benchmarking purposes or to build a competitive product or service. Except as expressly set forth herein, you have no right, title or license to any of Company’s or its licensors’ intellectual property.
C. The Service is intended to store information about you. If you choose to include information about other people (such as your family), you may do so only with their consent.
D. YOU ACKNOWLEDGE AND AGREE THAT NEITHER US NOR THE SERVICE OFFERS MEDICAL ADVICE. ANY CONTENT OR DATA ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROVIDERS. WE, OUR LICENSORS AND SUPPLIERS, ARE NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION YOU PLACE INTO THE SERVICE, OR FOR ANY RELIANCE BY YOU OR ANY MEDICAL PROFESSIONAL ON INFORMATION PLACED INTO THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY RELIANCE OR NON-RELIANCE ON INFORMATION YOU INCLUDE IN THE SERVICE OR THE ACCURACY THEREOF.
A. Some features of the Service may require payments, whether one time upfront or on a recurring basis. These features may offer a free trial, where usage beyond the trial requires payment. If you fail to pay for additional usage after the free trial ends, your account may lose the ability to access these features.
B. When you register for a subscription to the Service, you expressly acknowledge that we (or our payment processor) are authorized to charge you at intervals consistent with the subscription option you choose (in addition to any applicable taxes or other charges), and that your subscription is continuous until you cancel it or we stop providing access in accordance with these terms. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription (including any applicable taxes and other charges).
C. Cancelling a subscription to the Service or failing to pay for a subscription charge at the time of charge may cause the loss of features or capacity of your account. We do not accept any liability for such loss.
D. As of the Last Updated date, payments (including any taxes, levies, or duties collected) are handled by Apple, Inc. Cancellations and refunds are processed by them and may be requested through Apple Support.
E. We reserve the right to change the prices of any Services or our payment processor at any time. Such changes will be communicated to you in advance.
VII. Future Plans
We hope to be a sustainable enterprise well into the future, but we reserve the right to sell to, merge with, or partner with other businesses. We also reserve the right to change, limit or stop offering the Service, in the event such action is necessary.
We reserve the right to modify, suspend or terminate any portion of the Service at any time without prior notice. Any such event will be communicated to you in advance, giving you the opportunity to delete your account and its data if you wish.
Further, notwithstanding any rights you may have to your personal information, Company may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated these Terms. You are solely responsible for maintaining copies of any personal information or other data maintained within the Service or of any communications received through the Service. Company assumes no liability for any information removed from the Service. Company also has the right to maintain or destroy all data associated with your account in accordance with its current document retention and destruction policies. Upon any termination of your access to the Service, you must cease all use of the Service.
You have the right to terminate your Know Me account.
If you have any questions, contact us at firstname.lastname@example.org
VIII. Indemnification, Disclaimers, and Limitations of Liability
A. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SERVICE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SERVICE. NEITHER COMPANY NOR ANY OF COMPANY’S LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
C. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). NEITHER COMPANY NOR ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE FEES YOU PAID TO COMPANY FOR USE OF THE SERVICE.
IX. Governing Law, Venue, General Terms
A. Law and Venue. These Terms are governed by North Carolina law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED IN WAKE COUNTY, NORTH CAROLINA. YOU AND COMPANY CONSENT TO THE SOLE PERSONAL JURISDICTION AND VENUE OF THESE COURTS. Nothing in this Agreement limits either party’s ability to seek equitable relief.
B. If you are a California resident, you hereby waive your rights under California Civil Code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Last updated August 14, 2018.