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Terms of Use About Kiran Garimella 2016-03-10 15:32:02 69 0

The NO-NONSENSE version of the Terms of Use:

By using this site, you agree you won't do, write, or link to anything illegal, immoral, or unethical; that you will respect all intellectual property, people, companies, etc.; that you won't post content or link to content and web-pages that advocate or facilitate illegal, immoral, or unethical activities; that you won't post, upload, or link to porn, hacking, hate, terrorism, etc.; and that you won't hack, reverse-engineer, or steal the assets of this site, or of that of its users, clients, customers, employees, and partners.

We will not sell, rent, or make your email available to any third party. You agree to receive emails from us for administrative, support, or educational purposes; to report new developments as they pertain to iKnowCentral or topics of interest; or for special offers and promotions. Don't worry, we won't inundate you with emails.

If you do not wish to receive e-mail from us, please let us know by sending an email to or by clicking on the "Unsubscribe" link on our email communication. The only exception is that we will still send you emails that deal with security issues, violation of terms of use, reply to your request for support, or if we need to contact you about any issues with billing or payments (if you are a paying customer). Of course, you can still block us, but why would you? Seriously, we aren't out to spam you. We will be very respectful of your time and attention.

If you don't agree with the above, please do not continue.

If you agree, it means you agree with the full legal version below, which goes into the details.

If the above is not clear enough, feel free to read through the full legal version below.

(Note: The terms XBITALIGN™, nViEM™ (or NVIEM™), and iKnowCentral™ (or iknowcentral™) are trademarks of the respective software products; the terms XBITALIGN?, nViEM? (or NVIEM?), and iKnowCentral? (or iknowcentral?) are servicemarks denoting the respective softwares as a service.)

Full Terms of Use:

1. ACCEPTANCE OF TERMS OF USE. By accessing and using XBITALIGN, nViEM, iKnowCentral, or corporate web sites built on the nViEM engine, (or the same websites referred by any other name or branding) and henceforth collectively referred to as the "Site", you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Site and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Site. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Site, then you should NOT use the part of the Site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

The terms "We", "Us", and "Our" refer to the management, owners, administrators, and employees of XBITALIGN, nViEM, iKnowCentral, or corporate web sites built on the nViEM engine.

These Terms of Use may be amended by the Site at any time. Such amended Terms of Use shall be effective upon posting on this Site. Please check the Terms of Use published on this Site regularly to ensure that you are aware of all terms governing your use of this Site. Also, specific terms and conditions may apply to specific content, products, materials, services, discussion forums, or information contained on or available through this Site (the "Content") or transactions concluded through this Site. Such specific terms may supplement these Terms of Use or, where inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Use.

We reserve the right to make changes or updates with respect to or in the Content of the Site or the format thereof at any time without notice, unless modified by a Site license or Software-As-A-Service (henceforth, "SaaS") Agreement.

We reserve the right to terminate or restrict access to the Site for any reason whatsoever at its sole discretion, unless modified by a Site license or SaaS Agreement.

As a condition of your use of this Site, you warrant that (i) all information supplied by you on this Site is true, accurate, current and complete, (ii) if you have a iKnowCentral account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 18 years of age or older in order to register for an account and contribute to our website. iKnowCentral does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

The Site contains content that is copyrighted and/or trademarked work of the Site or the Site's third-party licensors and suppliers or other users of the Site (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.

Subject to these Terms, we hereby grant you a limited, non-exclusive, non-sub-licensable and non-transferable license to use and to display the Materials and to use this Site solely for your personal or, if you are an entity, your internal use and for the purpose of connecting with prospective customers. Except for the foregoing license, you have no other rights to the Site or any Materials (excluding any submissions provided by you as set forth below) and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, reverse engineer, alter, enhance, provide access to or in any way exploit any of the Site, Services, or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials; you may also be liable for damages.

You need not register with the Site to simply visit and view the Site and a limited amount of the Materials.

However, in order to access more Materials or certain password-restricted areas of the Site (such as communities, associations, forums, contributing Materials including reviews, commenting on reviews, tagging Materials, and current or future features of the Site) and to use certain Services and Materials offered on and through the Site, you must register with the Site for an account.

Certain levels of membership include revenue-generation through corporate sponsorships, advertisements, and other mechanisms. You agree that you will not use the site and any of its features to generate revenue for your own purpose, and that you will notify the owners of this site and work with the site owners if you want to develop revenue opportunities.

2. LAWS AND REGULATIONS. Your access to and use of this Site is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Site in any way that violates such laws or regulations.

3. Copyright notice. Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rest with the Site, its licensors, or its owners. All rights in the Content not expressly granted herein are reserved. Except as stated herein, none of the material may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Site or the copyright owner. All copyright and other proprietary notices shall be retained on all permitted reproductions. You may not, without the Site's permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy, communications, regulations, and statutes.

Any material or information sent through or in connection with this Site by you ("User Materials") will be treated as non-confidential and non-proprietary, and immediately become the property of the Site, subject to the applicable Privacy Statement posted on this Site, and the Site may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials, excluding any User Materials

This Site may contain references to specific our products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Site business contact for further information.

4. TRADEMARKS. Unless otherwise indicated, all trademarks, service marks, and logos displayed on the Site are registered and unregistered trademarks of XBITALIGN, nViEM, iKnowCentral, or its affiliates, subsidiaries, divisions, or other companies. These include each of Our primary product brands and service offerings and its corporate logos and emblems.

5. TAMPERING. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in the Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site. User also agrees not to file patents or secure separate copyright, trademark, or service mark on the contents or business practices of the Site.

6. INDEMNITY. You agree to defend, indemnify, and hold harmless XBITALIGN, nViEM, iKnowCentral, its affiliates, subsidiaries, and divisions, and each of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content (including software) or your breach of the terms of this Agreement. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

7. THIRD PARTY INFORMATION. Although We monitor the information on the Site, some of the information may be supplied by independent third parties. While We make every effort to insure the accuracy of all information on the Site, We makes no warranty as to the accuracy of any such information.

8. LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other Web sites that are not under the Our control. The links are only provided as a convenience and We do not endorse any of these sites. We assume no responsibility or liability for any material that may accessed on other Web sites reached through this Site, nor do We make any representation regarding the quality of any product or service contained at any such site.

9. LINKS FROM THIRD PARTY SITES. We prohibit unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. We reserve the right to disable any unauthorized links or frames. WE have no responsibility or liability for any material on other Web sites that may contain links to this Site.

10. NO WARRANTIES. Although care has been taken to ensure the accuracy of information on this Site, We assume no liability therefore. The software as a service, information, and documents on this Site are provided "AS IS" and “AS AVAILABLE”. We hereby disclaim any representations and warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, title or as to operation or content. We use reasonable efforts to include accurate and up-to-date information on this Site; We does not, however, make any warranties or representations as to its accuracy or completeness. We periodically add, change, improve, or update the software, information, and documents on this Site (including but not limited to products, pricings, programs, events, and offers) without notice. We assume no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.


12. PRIVACY. Protecting the privacy of our clients and users of our Sites is important to Us. The Privacy Statement, as updated and amended from time to time, describes how We use and protect information you provide to Us.

13. SECURITY. The security of information transmitted through the Internet can never be guaranteed. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. WE DO NOT WARRANT THAT THE SITE OR THE SERVERS, WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY THE SITE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. In order to protect you and your data, We may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.

14. TRANSMISSION OF PERSONAL DATA. When you register for this website, you will be required to provide the Site certain information which may include your name, e-mail address, mailing address, zip code, country, user name and password. You agree to provide true, accurate, current and complete information about yourself on the registration form and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of this website. You are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Us of any unauthorized use of your registration or password. You acknowledges and agree that by providing Us with any personal information through the Site, you consent to the transmission of such personal information over international borders as necessary for processing in accordance with Our standard business practices and the applicable Privacy Statement.

15. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

16. FORWARD-LOOKING STATEMENTS. The information on this Site may contain certain projections or forward-looking statements with respect to the financial condition, results of operations and business of XBITALIGN, nViEM, iKnowCentral, or any of its affiliates and certain plans and objectives of the Site with respect to these items, or to planned features and upgrades of the software provided as a service. By their nature, these plans, projections, and forward-looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements. These factors include, but are not limited to, levels of business spending in major economies, the levels of marketing and promotional expenditures by the Site and its competitors, raw materials and employee costs, changes in future exchange and interest rates (in particular, changes in the value of the US dollar and its exchange rate for conversion to other currencies can materially affect results), changes in tax rates and future business combinations, acquisitions or dispositions and the rate of technical changes.

17. SPECIFIC SOFTWARE AVAILABLE ON THIS SITE. Any software that may be made available either as a service or to download from the Site (the "Software") is the copyrighted work of XBITALIGN, nViEM, iKnowCentral, and/or a third party or parties providing that Software or components of that Software. Software made available as a service or for downloading from or through this Site is licensed subject to the terms of the applicable license agreement, which may accompany or be included with the Software ("License Agreement"). An end user may be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Except as set forth in the applicable License Agreement, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the Software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. WE HEREBY EXPRESSLY DISCLAIM ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

18. JURISDICTION/GOVERNING LAW. These Terms of Use shall be governed by and construed in accordance with the laws of the United States and the State of Wisconsin without giving effect to conflict of law principles. We control this website from our offices within the United States. We make no representation that the content on our website is appropriate, legal or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. By registering for or entering this website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of Wisconsin.

In the event that any provision of the Terms of Use are deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms of Use shall be considered to be modified as closely as possible to Our intent and the remainder of the Terms of Use shall remain in full force and effect.

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