If you have any questions about these terms, contact us at email@example.com.
Use of Site/General Purchase Terms
- Acceptance of Terms. By using the Site, you agree to the terms and conditions in this Agreement between you and Adam Knee. You must accept the Terms, in full, before using the Site. You can accept the Terms in one of three ways: (a) by clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you on the Site; (b) by actually using the Site; and/or, (c) by making purchases of Adam Knee's products, including any subscriptions services. BY USING THE SITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE. EXCEPT AS OTHERWISE PROVIDED, THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE, AFTER ANY CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).
- Products Descriptions. In describing and portraying our products on the Site, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. We apologize for any inconvenience.
- Downloads. For all downloadable products, you will be given the option to download the product up to five times. After five downloads, you must repurchase the product to enable further downloads. By downloading products, you agree and acknowledge that the use of the product is personal to you and that you cannot share the products with any other individual.
User and Third Party Content/Communications
- User Communications and User Content. By submitting material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Adam Knee a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant Adam Knee the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Adam Knee shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
- User Content. When submitting User Communications to or otherwise using the Site, you agree not to, without limitation: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); (e) post anything that exploits children or minors or that depicts cruelty to animals; (f) post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark; (g) post any person's name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person's parent or legal guardian); (h) disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; (i) use any robot, spider, scraper or other automated means to access the Site; (j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and/or (k) alter the opinions, goals, profiles or comments posted by others on the Site. This list of prohibitions provides examples and is not complete or exclusive. Adam Knee reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any User Communications; with or without cause and with or without notice, for any reason or no reason, or for any action that Adam Knee determines is inappropriate or disruptive to this Site or to any other user of the Site and/or services. Adam Knee may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Adam Knee's discretion, Adam Knee will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
- Third Party User Communications. Adam Knee takes no responsibility and assumes no liability for any User Communications posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of products and reviews, Adam Knee is only a forum and is not liable for any statements, representations, or User Communications provided by its users in any public forum or personal home page. These prohibitions do not require Adam Knee to monitor, police, or remove any User Communications or other information submitted by you or any other user.
- Links to Third Party Websites. The Site may contain links to websites and other resources operated by third parties other than Adam Knee. Such links are provided solely as a convenience to you. Adam Knee does not control such websites, and is not responsible for the content, products, services, or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
- PRODUCT LIABILITY. IN NO EVENT WILL ADAM KNEE BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF PRODUCTS ON THIS SITE. YOU UNDERSTAND THAT THE PRODUCTS YOU ARE BUYING THROUGH THIS SITE IF USED INCORRECTLY OR AGAINST THE RECOMMENDED USE MAY BE HAZARDOUS TO YOUR HEALTH, INCLUDING YOUR FINANCIAL HEALTH, OR SOMEONE ELSE'S. YOU AGREE AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO USE THE PRODUCTS IN A SAFE MANNER. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY PRODUCT YOU BUY THROUGH THIS SITE AND AGREE TO INDEMNIFY AND HOLD HARMLESS ADAM KNEE FOR ANY INJURIES CAUSED BY THE USE OF SUCH PRODUCTS.
- LIMITATION OF LIABILITY. ADAM KNEE AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.
Intellectual Property Information
- Ownership of the Site, Content, and Trademarks. The Site is owned and controlled by Adam Knee and unless otherwise agreed in writing, all materials on our Site, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Adam Knee. The Site and Content are intended solely for your personal, non-commercial use. You may not download and/or copy any of the Content without permission from Adam Knee unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded and/or copied Content is transferred to you as a result of any such downloading and/or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, and/or otherwise use any of the Content or the Site for any public or commercial purpose. Adam Knee also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Adam Knee does not permit use of any data mining, robots, scraping, and/or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Adam Knee and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site.
- Trademark. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered including, but not limited to, Adam Knee, AdamKnee.dev, AdamAnSubtractM, and our logo (collectively the "Marks") that appear on the Site are proprietary to Adam Knee or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Adam Knee, and you may not remove or otherwise modify any trademark notices from any Content. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Adam Knee or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Adam Knee.
- Copyright, Trademark, and Intellectual Property Complaints. Adam Knee respects the intellectual property rights of others. We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When Adam Knee receives proper Notification of Alleged Copyright Infringement, Adam Knee promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see contact us at firstname.lastname@example.org more information on how to report infringement of your copyright. AdamKnee.dev may, at its sole discretion, terminate any Users who are deemed by Adam Knee to be have committed copyright infringement, whether or not there is any repeat infringement.
- Termination of Agreement. Adam Knee may terminate this Agreement at any time. Without limiting the foregoing, Adam Knee shall have the right to immediately terminate your use of this Site in the event of any conduct by you that Adam Knee, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
- Termination of Use of Site if Under 13. Adam Knee may terminate your use of the Site, delete any content or information that you have posted on the Site, refuse any orders, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 13 year of age or violate these Terms of Service.
- Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
- Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
- Severability. If a court of competent jurisdiction holds any provision of this Agreement fail, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
- Indemnity. You agree to indemnify and hold Adam Knee, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
- No Assignment. No modification or amendment of this Agreement shall be valid unless in writing.
- Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
- Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.
- Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in this Agreement with the initial letter(s) capitalized will have the meaning attributed to them in this Agreement.
- Electronic Communications. You consent to receive electronic communications from Adam Knee either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.