For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.Kneebu.com and any other websites, web pages, mobile applications and mobile websites operated by Kneebu LLC (“Kneebu LLC” or “we”) in the United States, and the “Services” shall mean any of the various services that Kneebu LLC provides through the Site or any other channels, including without limitation, mobile applications. However, the terms “Site” and “Services” do not include or involve the following:
- Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Kneebu LLC which have separate terms of service that do not expressly incorporate these Terms by reference. The sites and services offered by Kneebu LLC via such channels are subject to separate terms to which a user of such sites and services must separately agree and that can be found on their respective sites and/or service materials or within the relevant mobile applications.
1. Description of Services; Limitations; User Responsibilities 2. Eligibility to Use the Site and Services 3. Rules For User Conduct and Use of Services 4. Background and Verification Checks 5. Termination 6. Privacy 7. Links to External Sites 8. Payment and Refund Policy 9. Release of Liability for Conduct and Disputes 10. Age Restrictions 11. Disclaimers; Limitations; Waivers; and Indemnification 12. Copyright Notices/Complaints 13. Agreement to Arbitrate 14. Governing Law and Jurisdiction 15. Miscellaneous 16. Severability 17. Contact Information
Description of Services; Limitations; User Responsibilities
1.1 About Our Services
Kneebu LLC offers various Services to help its users find, coordinate, schedule, and pay for household services (set forth below). We enable individuals seeking services to connect with service providers offering services in categories, including but not limited to: 1. Home health-Care
2. Nurse ii. Home-Aide iii. Caregiver 2. Home Inspection 3. Movers 4. House cleaning 5. Event planner / Decorator / Photographer 6. Private Tutor i. Math ii. Swimming iii. Musical Instruments (e.g.: Piano, Guitar, etc.) iv. Singing/DancingSpanish (Read/Write) vi. French (Read/Write) vii. Hindi (Read/Write) viii. English (Read/Write) 7. Interior Home Repairs/RenovationsPlumber ii. Electrician iii. Painter iv. Flooring / CarpetHVAC vi. Appliances vii. Doors / Windows viii. Fireplaces / ChimneysKitchen / Bathroom RenovationOther Renovations / Remodeling 8. Exterior Home ServicesLawn ii. Swimming Pool iii. Deck / Patio iv. DrivewayRoofing / Siding vi. Gutters vii. Garage / Garage Doors 9. Personal in-home Chef/Cook 10. Iron Clothes 11. Nanny
▪ and we enable individuals and entities who provide services to post profiles on the Site (“Service Providers”). We help connect Service Provider with users.▪ We provide search functionality on the Site to allow users and individual Service Providers to narrow the pool of users or Service Providers they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows users and Service Providers to communicate.▪ We offer through Stripe, Inc., (“Stripe”), a third party, a service that facilitates payment to Service Providers and Kneebu, by members via credit card or debit card or other payment types as stripe may allow. These payment processing services are provided by Stripe and are subject to the Stripe Connect Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to these Terms, Service Providers and users that use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kneebu LLC enabling payment processing services through Stripe, you agree to provide Kneebu LLC accurate and complete information about you. You authorize Kneebu LLC to share such information to Stripe for payment processing purposes. . Kneebu LLC assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.▪ Once User initiates a service request and the Provider accepts that service request, the payment for that service must be made through the Kneebu app. Additionally, any future service or services obtained by the use from the same Provider, must also be paid through the Kneebu app; if not, then the User and the Provider, each must pay Kneebu a penalty fee of $100.00 or 10% of the amount paid by the User to the Provider (outside of Kneebu app) for any and all services obtained by the User that Provider since the Provider first accepted the service request from that User, whichever is greater, plus costs and fees incurred by Kneebu to recovery this penalty fee.Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our Services
We offer a variety of Services to help our Users find, coordinate, and pay for household services. However, we do not employ any Service Providers. Except as set forth below, Users are responsible for compliance with all applicable laws in connection with any employment or contractual relationship they establish with a Service Provider. We do not have control over the quality, timing, or legality of the services actually delivered by Service Providers, or of the integrity, responsibility or actions of Users or Service Providers and we neither refer or recommend Service Providers nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Service Providers or the integrity, responsibility or actions of Service Providers whether in public, private or offline interactions. We do not check work permits or immigration status of Service Providers or their employees or agents. Service Provider content is primarily user generated, and we do not control or vet user generated content for accuracy. Kneebu LLC does not assume any responsibility for the accuracy or reliability of any information provided by Service Providers on or off this Site. We may offer certain Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information. Kneebu LLC is not responsible for the conduct, whether online or offline, of any Service Provider or other user of the Site or Services. Moreover, Kneebu LLC does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All Users and Service Providers, hereby expressly agree not to hold Kneebu LLC (or Kneebu LLC’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any Service Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, Kneebu LLC and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
1.3. User ResponsibilitiesAny screening of a Service Provider and his, her or its information by Kneebu LLC is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as contractor. Users are solely responsible for interviewing, verifying information provided by, and selecting an appropriate Service Provider for themselves.Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:o Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet theabove age requirements, do not register to use the Site or Services.o The Site and the Services are currently available only to individuals who are legally in the United States.o Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.o You must not be a competitor of Kneebu LLC or using our Services for reasons that are in competition with KneebuLLC.
Rules for User Conduct and Use of Services3.1. Registration, Posting, and Content Restrictions
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By posting any Content while using our Service, you agree, represent and warrant as follows:▪ You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.▪ You will register your account in your own legal name.▪ Unless otherwise permitted by Kneebu LLC, all Content you post will be in English as the Site and Services generally are not supported in any other languages.▪ You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Kneebu LLC where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Kneebu LLC or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.▪ You understand and agree that Kneebu LLC may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Kneebu LLC violates these Terms or which Kneebu LLC determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.▪ You have the right, and hereby grant, to Kneebu LLC, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Kneebu LLC will not infringe or violate the rights of any third party.▪ Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.▪ Kneebu LLC is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.▪ We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Kneebu LLC and we may use all such communications, all without notice to,consent from, or compensation to you.Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by Kneebu LLC, are those of their respective authors. Such authors are solely responsible for such content. Kneebu LLC does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Kneebu LLC or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users. You agree that Kneebu LLC has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written. Kneebu LLC disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand and agree to hold Kneebu LLC harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.
3.2. Prohibited Uses
By using the Site or Services of Kneebu LLC, you agree that you will not under any circumstances:▪ use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;▪ use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by Kneebu LLC or for the promotion of illegal activities;▪ harass, abuse or harm another person or group, or attempt to do so;▪ use another user’s Kneebu LLC account;▪ provide false or inaccurate information when registering an account on Kneebu LLC, using the Services or communicating with other Users;▪ attempt to re-register with Kneebu LLC if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;▪ interfere or attempt to interfere with the proper functioning of Kneebu LLC’s Services;▪ make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;▪ bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);▪ use the communication systems provided by or contacts made on Kneebu LLC for any commercial solicitation purposes;▪ publish or link to malicious content intended to damage or disrupt another user’s browser or computer.Should Kneebu LLC find that you violated the terms of this Section or any terms stated herein, Kneebu LLC reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Kneebu LLC may assess, and you will be obligated to pay, $5,000 per each day that you: (i) maintain Service Providers information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights Kneebu LLC may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, Kneebu LLC reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4. Background Checks for Service Providers
4.1 Kneebu LLC may request background information about a Service Provider from a consumer reporting agency. The report ordered is defined by the Fair Credit Reporting Act (FCRA) as a Consumer Report. It is conducted in accordance with applicable federal and state laws including the FCRA. The screening will be conducted by an outside agency — GoodHire, LLC. – Address: P.O. Box 391403 Omaha, NE 68139 |Phone: 1— 888—906— 7351 | Fax: 650—362—1933 | Email: firstname.lastname@example.org. You hereby agree to hold Kneebu LLC harmless from any and all costs, obligations, actions, causes of action, lawsuits, fees, attorney’s fees and all other actions taken as a result of said report on a Service Provider.4.2 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions. If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Kneebu LLC from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information. You expressly acknowledge that Kneebu LLC has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Users. To the extent Kneebu LLC performs such checks on certain Service Provider, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those Service Providers have provided or of their eligibility to perform Services.
Kneebu LLC reserves the right, in its sole discretion, to immediately terminate or deny your access to all or part of the Kneebu LLC Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Kneebu LLC, with or without notice for any reason or no reason in its sole discretion, including without limitation if Kneebu LLC should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Kneebu LLC shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. Following any termination of any individual or an entity’s use of the Site or the Services, Kneebu LLC reserves the right to send a notice thereof to other Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
Links To External Sites
Payment And Refund Policy
In order to utilize some Kneebu LLC Services or product offerings, the Service Provider and Users of such Services or product offerings may have to pay Kneebu LLC certain fees. In addition, the User is responsible for any state or local sales taxes associated with the Services or product offerings purchased. See Section 1.1 regarding payment through Stripe, Inc.
8.1 Billing and Payment
To the extent you elect to purchase Services, you authorize Kneebu LLC to utilize the services of Stripe, Inc. for payment by credit card, debit card, and any other payment method allowed by Stripe, Inc. You agree that if Kneebu LLC already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase through Stripe, Inc. Any service fees paid to Kneebu LLC are non- refundable.
8.2 Refund PolicyExcept as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for services/products are non-refundable to Kneebu LLC and there are no refunds or credits for unused or partially used services or service cancellations.Release of Liability for Conduct and Disputes
Kneebu LLC is not an employer of Service Providers. Any issues concerning the conduct of a Service Provider including, without limitation, the services received by the Service Provider or payment due to the Service Provider, must be resolved directly by the Service Provider. Kneebu LLC will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you hereby represent, understand, and expressly agree to hold Kneebu LLC harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Service Provider or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Service Providers or other users of the Site or the Services, particularly if you decide to meet offline. By using the Site or the Services, you agree to report any alleged improprieties of any users therein to Kneebu LLC immediately by notifying Kneebu LLC of the same via electronic correspondence.
Kneebu LLC is intended for people 18 or over. Kneebu LLC will not knowingly collect any information from individuals under 18. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
Disclaimers; Limitations; Waivers;
Indemnification11.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Kneebu LLC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. KNEEBU LLC DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN KNEEBU LLC; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KNEEBU LLC EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, KNEEBU LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY PERSON OR ENTITY USING OUR SITE TO PROVIDE SERVICES AS A SERVICE PROVIDER OR TO EMPLOY THE SERVICES OF A SERVICE PROVIDER. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF KNEEBU LLC OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL KNEEBU LLC OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND
11.2. Assumption of RiskYou assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with other site visitors or Users.
11.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will Kneebu LLC be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Kneebu LLC, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL KNEEBU LLC’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID KNEEBU LLC FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. No Liability for non-Kneebu LLC Actions. IN NO EVENT WILL KNEEBU LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. Kneebu LLC makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Kneebu LLC makes no representations or warranties concerning the work or services provided by a Service Provider. The User shall look solely to the Service Provider for any such warranty, if any, on the work or services performed.
It is Kneebu LLC’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Kneebu LLC’s copyright agent (identified below) and providing the following information:o Identification of the copyrighted work that you believe to be infringed. Please describe the work, and wherepossible include a copy or the location (e.g., URL) of an authorized version of the work. o Identification of the material that you believe to be infringing and its location. Please describe the material,and provide us with its URL or any other pertinent information that will allow us to locate the material. o Your name, address, telephone number and (if available) e-mail address. o A statement that you have a good faith belief that the complained of use of the materials is not authorized bythe copyright owner, its agent, or the law. o A statement that the information that you have supplied is accurate, and indicating that “under penalty ofperjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. o A signature or the electronic equivalent from the copyright holder or authorized representative.Kneebu LLC’s agent for copyright issues relating to this Site is as follows:Copyright Agent: Kneebu LLC 3209 East Crystal Lake Avenue Crystal Lake, Illinois 60014In an effort to protect the rights of copyright owners, Kneebu LLC maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
Agreement to Arbitrate13.1
Agreement to Arbitrate
This Section 9 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 9.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Kneebu LLC or a Kneebu LLC Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND KNEEBU LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND KNEEBU LLC EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST KNEEBU LLC AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER KNEEBU LLC USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class
basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13.3 Pre-Arbitration Dispute Resolution
Kneebu LLC is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at email@example.com or at Kneebu LLC, 3209 East Crystal Lake Avenue, Crystal Lake, Illinois 60014.
13.4 Arbitration Procedures
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS’s Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. To commence an arbitration against Kneebu LLC, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to Kneebu LLC at Kneebu LLC, 3209 East Crystal Lake Avenue, Crystal Lake, Illinois 60014. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Kneebu LLC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Kneebu LLC subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Kneebu LLC, unless the arbitrator requires otherwise. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Kneebu LLC users, but is bound by rulings in prior arbitrations involving the same Kneebu LLC user to the extent required by applicable law.
13.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Kneebu LLC will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Kneebu LLC will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Kneebu LLC for all feesassociated with the arbitration paid by Kneebu LLC on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.7 Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new Kneebu LLC users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. You must mail the Opt-Out Notice to Kneebu LLC, 3209 East Crystal Lake Avenue, Crystal Lake, Illinois 60014. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Kneebu LLC account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Kneebu LLC will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Kneebu LLC users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, Kneebu LLC will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
13.8 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Kneebu LLC prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Kneebu LLC prior to the effective date of removal.
Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Illinois, including Illinois’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 9, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Kneebu LLC must be resolved exclusively by a state or federal court located in the State of Illinois. You and Kneebu LLC agree to submit to the personal jurisdiction of the courts located within the State of Illinois for the purpose of litigating all such claims or disputes.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If a court decides that any term or provision of these Terms other than Section 9.2 is invalid or unenforceable, theparties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 9.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.
If you have any questions or need further information as to the Site or Services provided by Kneebu LLC, or need to notify Kneebu LLC as to any matters relating to the Site or Services please contact Kneebu LLC at:3209 East Crystal Lake Avenue Crystal Lake, Illinois 60014 firstname.lastname@example.org