Updated on December 4, 2012
Acceptance of Terms
Your Registration Obligations
In consideration of your use of the Product(s), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Product account setup form and (b) maintain and promptly update your account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Knovation has the right to suspend or terminate your account and refuse any and all current or future use of the Product(s) (or any portion thereof).
You may use the services provided via the Product(s) only if you are a student, a student's parent, a teacher, a school administrator or another person specifically approved by Knovation. All Product users must be associated with a subscribing institution. If you are not one of the foregoing, you may not use the Product(s) and your access will be terminated.
For the sake of school and student security, we will allow administrators of schools currently subscribing to the Product(s) to review the list of usernames of accounts that are associated with their respective school. These school administrators are allowed to review the date each account was set up and respective usage data. A school administrator has the right to cancel any Product user's account. School administrators also have access to and the right to review any and all saved searches created in the Product(s) by their respective users.
Site Usage Information
Knovation only collects anonymous individual usage information or aggregated usage information, such as the frequency of pages viewed and functions used. Knowing how the Product is used is very valuable for understanding how to enhance it to be more valuable for all of our users.
Special Conditions for Free Trial Registration and Use
Member Account, Password and Security
If you lose or forget your password, contact your school's Product administrator and ask that it be reset. Do not contact Knovation about your password, because, for the security of our users, we retain passwords only in an unreadable, encrypted form.
Limitations on User Accounts
Usage of the Product(s) is strictly limited to individuals at subscribing institutions. Subscribing users are prohibited from publishing or in any way communicating their usernames and passwords to non-subscribing individuals. Posting of usernames and passwords on websites, emails, newsletters or any other types of electronic or print media is in violation of this policy.
Subject to these TOU, Knovation hereby grants you the right to access and use the Product(s). The Product is only for your personal, non-commercial use. Knovation retains all rights with respect to our services and content except those expressly granted to you in this agreement. You agree not to duplicate, publish, modify, or otherwise distribute the material contained within the Product(s) unless specifically authorized in writing by Knovation to do so. The content and software of the Product(s) are the proprietary property of netTrekker and/or our business partners and are protected by U.S. and international copyright and other intellectual property laws. You agree not to frame, or assist third parties in framing, any of the Web pages contained in the Product(s). Such framing is strictly prohibited under this Agreement.
No Unlawful or Prohibited Use
As a condition of your use of the Product(s), you warrant to Knovation that you will not use the Product(s) for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Product(s) in any manner that could damage, disable, overburden, or impair the Product(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Knovation.
As a user of the Product(s) you agree to the following rules of conduct and that any content that you upload, post, or otherwise transmit:
- shall not restrict or inhibit any other user from using or enjoying the Prodcut(s);
- shall not be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- shall not be obscene or contain child or other pornography;
- shall not violate any law, statute, ordinance, or regulation;
- shall not contain advertising, promotional materials, “spam” or any solicitation with respect to products or services;
- shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
- shall not be content that you do not have a right to transmit under any law or under contractual or fiduciary relationship;
- shall not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- shall not interfere with or disrupt netTrekker or servers or networks connected to the Product(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Product(s).
Public and Private Content Posted
Knovation does not and cannot review all content posted to or created by users accessing the Product(s) and is not in any manner responsible for this content. However, Knovation retains the right to monitor all content posted to the Product(s) and shall have the right, in our sole discretion, to refuse or to remove any content that violates these TOU or is otherwise objectionable.
Knovation may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Knovation, the Product(s), its users and the public.
Anytime you upload to, distribute, or publish content through the Product(s), you grant us the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy and whether alone or as part of a collective work. You shall retain, however, whatever other rights you have in pre-owned elements of such content.
Anytime you upload to, distribute, or publish original compositions and other original documents through the Product(s), such as but not restricted to essays, homework, and others, you are responsible for protecting their privacy to the extent you desire. Knovation does not guarantee their privacy, nor will Knovation be held liable for the public distribution or loss of any such content. The user bears all responsibility and risks associated with the use, maintenance, and retention of such content, including any reliance on the accuracy, completeness, or usefulness of such content.
Information Not Verified
You acknowledge that it is not feasible for Knovation to review the personal information for all users of the Product(s), nor to review all third-party content and postings on the Product(s). Accordingly, Knovation cannot and does not confirm the accuracy of such information, content or postings and you are advised to exercise a reasonable degree of caution in dealing with such information, content or postings and other users on this web site. KNOVATION MAKES NO REPRESENTATION OR WARRANTIES AS TO ACCURACY. EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME EXCLUSIONS MAY NOT APPLY.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCT(S) IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KNOVATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. a. WITHOUT LIMITING THE FOREGOING, KNOVATION MAKES NO WARRANTY THAT (i) THE PRODUCT(S) WILL MEET YOUR REQUIREMENTS, (ii) THE PRODUCT(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT(S) WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH KNOVATION OR THE PRODUCT(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOU.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KNOVATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KNOVATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
You agree to indemnify and hold Knovation and its subsidiaries, affiliates, partners, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Product(s), your use of the Product(s), your connection to the Product(s), your violation of these TOU, or your violation of any rights of another.
General Practices Regarding Use and Storage
You acknowledge that Knovation may establish general practices and limits concerning use of the Product(s), including without limitation the maximum number of days that any uploaded content will be retained by Knovation, the maximum disk space that will be allotted on Knovation's servers on your behalf, and the maximum number of times (and maximum duration for which) you may access the Product(s) in a given period of time. You agree that Knovation has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Product(s). You acknowledge that Knovation reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that Knovation reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that Knovation, in its sole discretion, may terminate your username and password, account or use of the Product(s), and remove and discard any content within the Product(s), for any reason, including, without limitation, for lack of use or if Knovation believes that you have violated or acted inconsistently with the letter or spirit of these TOU. Knovation may also in its sole discretion and at any time discontinue providing the Product(s), or any part thereof, with or without notice. You agree that any termination of your access to the Product(s) under any provision of these TOU may be effected without prior notice, and acknowledge and agree that Knovation may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Product(s). Further, you agree that Knovation shall not be liable to you or any third-party for any termination of your access to the Product(s).
icurio, netTrekker™ and other logos and product and service names are trademarks, service marks, and trade names (collectively the “Marks”) of Knovation, Inc. You acknowledge that Knovation, Inc. is the sole owner of the entire right, title and interest in the Marks and reserves all rights to the use of the Marks. All other trademarks and servicemarks appearing on the Product(s) are the property of their respective owners. Unless otherwise noted, all other aspects of the Product(s) are either copyrighted or are the proprietary information and/or design of Knovation, Inc. is the sole owner of the entire right, title and interest to such intellectual property rights, including but not limited to text, design, graphics, interfaces, or code.
Intellectual Property Infringement Claims
It is our policy to respond to claims of intellectual property infringement. Knovation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Knovation will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to:
- Registered Copyright Agent Knovation, Inc.
- 3630 Park 42 Drive, Suite 170F
- Cincinnati, OH 45241
- Telephone: 513.731.4090
- Fax: 513.731.1710
- Email: email@example.com
Please put “Notice of Infringement” in the subject line of all such notifications. When Knovation removes or disables access to any material claimed to be infringing, Knovation may attempt to contact the owner/administrator of the site that contains such material in order to provide an opportunity to respond to the notification, although Knovation makes no promise to do so. Any and all counter notifications submitted by the owner/administrator of the site will be furnished to the complaining party. Knovation will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Knovation replaces or restores access to any material as a result of any counter notification.
These TOU constitute the entire agreement between you and Knovation and govern your use of the Product(s) and Knovation services. These TOU and the relationship between you and Knovation shall be governed by the laws of the State of Ohio without regard to conflict of law provisions. You and Knovation agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hamilton, Ohio. The failure of Knovation to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product(s) or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. You acknowledge that accounts on the Product(s) may not be assigned without the prior written consent of Knovation.
The section titles in these TOU are for convenience only and have no legal or contractual effect.