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Terms of Use Agreement
Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this
site. The term “Knowledge United” or “us” or “we” or “our” refers to Knowledge United, Inc., the owner of the Web
site. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect
to the Site, the content, products or services provided by or through the Site, and the subject matter of this
Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but
not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the
content on the site is the copyrighted work of third parties.
3. Service Marks.
Knowledge United and myKU are our service marks or registered service marks or trademarks. Other product and company
names mentioned on the Site are the property of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in
accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and
(c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies contained therein. No print out or electronic version
of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under
any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of
the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information, storage and retrieval system, database, information base,
or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution
of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any
Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice
or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through
any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any automatic or manual process to harvest information from
the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any
state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export
the Site or any portion thereof, or any software available on or through the Site, in violation of the export control
laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and actual forms, checklists, business
documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license
basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided for a charge and without any representations
or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy,
and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any
provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability
and fitness for a particular purpose. The Documents may be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions to ensure the desired result. You should consult with
legal counsel to determine the appropriate legal or business documents necessary for your particular transactions,
as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public
domain forms or available from public records.
7. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately upon request by us.
8. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
9. Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you
agree to provide us with accurate, complete registration information. Your registration must be done using your
real name and accurate information. Each registration is for your personal use only and not on behalf of any other
person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access
through a single name being made available to multiple users on a network. You are responsible for preventing such
unauthorized use.
10. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or
that defects will be corrected. We do not represent or warrant that the information available on or through the
Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
11. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible
for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations or any other form of content on the Site.
You understand that the information and opinions in the third party content represent solely the thoughts of the
author and is neither endorsed by nor does it necessarily reflect our belief.
12. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action
we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic
information.
13. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
14. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information
or documents is not transferable or assignable.
15. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
16. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind
resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom,
(b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content
contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED
$100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
17. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by
you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission as confidential, and will not be liable for any
ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as
a result of any similarities that may appear in our future products, services or operations. Without limitation,
we will have exclusive ownership of all present and future existing rights to the Submission of every kind and
nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
18. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from
which you may purchase certain goods or services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered into between you and Merchants. You agree
that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
19. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while
on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority to make any representations or commitments on behalf
of the other.
20. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy
Policy by clicking on this link.
21. Payments.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information
you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
22. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are forward-looking statements. These statements are based
upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond
our control. When used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
23. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express
in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by
us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site
by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
24. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information
or any press releases. Information about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
25. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding
your use of the Site and the Content and Materials provided therein.
26. Cancellation Policy
Our Cancellation Policy, as it may change from time to time, is a part of this Agreement. You must review this
Cancellation Policy by clicking on this link.
27. Contact Information
If you have any questions regarding these Terms of Use, please contact Knowledge United at corporateinfo@eno.com
Privacy Policy
Our Privacy Policy is designed to assist you in understanding how we collect and use the personal information you
provide to us and to assist you in making informed decisions when using our site and our products and services.
What Information Do We Collect?
When you visit our Web site you may provide us with two types of information: personal information you knowingly
choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate
basis as you and others browse our Web site.
Personal Information You Choose to Provide:
Registration Information
You will provide us information about yourself, your firm or company, and your practices when you register to be
a member of myeno, register for a training class, or register for email newsletters and alerts.
Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with
your email address and our responses.
Web Site Use Information
Similar to other commercial Web sites, our Web site utilizes a standard technology called "cookies" (see
explanation below, "What Are Cookies?") and Web server logs to collect information about how our Web
site is used. Information gathered through cookies and Web server logs may include the Internet domain and host
names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; dates
and times that our site is accessed, pages viewed, time spent at our Web site, and the Web sites visited just before
and just after our Web site. We, our advertisers and ad serving companies may also use code to determine which
advertisements and promotions users have seen and how users responded to them.
How Do We Use the Information That You Provide to Us?
We use personal information for purposes of administering and expanding our business activities, providing
customer service and making available other products and services to our customers and prospective customers. Occasionally,
we may also use the information we collect to notify you about important changes to our Web site, new services
and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive
these offers by emailing us at corporateinfo@eno.com
How Do We Protect Your Information:
How Do We Secure Information Transmissions?
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private
information to us by email. Some of the information you may enter on our Web site may be transmitted securely via
Secure Sockets Layer SSL, 128 bit encryption services, which are enabled by VeriSign, Inc. Pages utilizing this
technology will have URLs that start with HTTPS instead of HTTP.
How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our
database by emailing corporateinfo@eno.com
Certain Disclosures
We may disclosure your personal information if required to do so by law or subpoena or if we believe that such
action is necessary to (a) conform to the law or comply with legal process served on us or Affiliated Parties;
(b) protect and defend our rights and property, the Site, the users of the Site, and/or our Affiliated Parties;
(c) act under circumstances to protect the safety of users of the Site, us, or third parties.
What About Other Web Sites Linked to Our Web Site?
We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information
or content contained therein. Often links to other Web sites are provided solely as pointers to information on
topics that may be useful to the users of our Web site.
Please remember that when you use a link to go from our Web site to another Web site, our Privacy Policy is no
longer in effect. Your browsing and interaction on any other Web site, including Web sites which have a link on
our Web site, is subject to that Web site's own rules and policies. Please read over those rules and policies before
proceeding.
Your Consent
By using our Web site you consent to our collection and use of your personal information as described in this
Privacy Policy. If we change our privacy policies and procedures, we will post those changes on our Web site to
keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.
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