Last Updated: September 19, 2024

Welcome to www.knottlearning.com (the “Site“), a website operated by Knott Learning LLC (“Knott Learning“, “we“, “us“, or “our“).  We provide educational materials to help users understand taxes, personal finance, and legal topics (the “Services”).  These Terms of Service (“Terms” or “Agreement”) govern your use of our Services accessed via the Site.

By accessing or using the Services you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent that you have the authority and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, please do not access or use the Site.

1. CONTENT OF KNOTT LEARNING

The information and content made available or displayed on the Site (“Content“) are proprietary to us and should be considered our confidential information. Subject to these Terms, we hereby grant you a limited and non-exclusive license to view the Content solely for your personal and informational review and solely in accordance with these Terms.  You may not: (i) use the Content to develop products similar to the products of Knott Learning; or (ii) reproduce, republish, modify or alter the Content. Any copy of the Content or portion thereof must include all copyright notices.

2. OWNERSHIP

You understand and acknowledge that the materials on the Site (“Our Technology”) are: (i) copyrighted by us under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, reproduced, republished, posted, sold, or redistributed in any way without our prior written permission.

3. GENERAL RULES OF USER CONDUCT

It is our goal to make access to our Site and Services a good experience. You agree not to reproduce, copy, sell, or resell any portion of the Site for any purposes other than for which the Site is provided to you. You agree to not do any of the following:

• Conduct or promote any illegal activities while using the Site;
• Violate the rights of any third party, including any intellectual property rights;
• Attempt to gain access to secured portions of the Site;
• Upload or transmit any form of virus or other malicious code;
• Interfere in any way with the proper functioning of the Site;

4. MODIFICATIONS TO TERMS

We may change the terms of the Agreement from time to time. We will notify you of any such material changes by posting notice of the changes on the Site. If you do not agree to any changes, you must cease access to the Site and use of the Services.

5. MODIFICATIONS TO THE SITE

We reserve the right to modify or discontinue the Site with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site. If you object to any such changes, your sole recourse will be to cease access to the Site. You agree that we may immediately terminate your access to the Site at any time in our sole discretion. You agree that we will not be liable to you or any other party.

6. FEEDBACK

In the event that you provide us any feedback related to Knott Learning, the Site or the Services (collectively “Feedback“), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation.

7. PRIVACY

We have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. We will take reasonable steps to help ensure the safety of your personal information; however, you understand and agree there are no guarantees that the Site and the Services are invulnerable to all security breaches.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SITE, OR SERVICES, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT USING THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

9. SCOPE OF SERVICES

Knott Learning provides a broad range of information and services that are educational in nature. KnottLearning.com is not intended to provide legal advice, tax advice, or financial advice. Knott Learning is not a financial planner or investment advisor. The Service is intended to be broad in scope. Your personal financial and tax situations are unique, and any information and strategies obtained through Knott Learning may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategies, you should consider obtaining additional information and advice from your lawyer, accountant, tax advisor, or other financial advisor who is fully aware of your individual circumstances.  The content on the Site is provided as a convenience and is not intended to be a substitute for legal, tax, or financial advice.

10. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Knott Learning from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees that such parties may incur as a result of or arising from: (i) your use of the Site; (ii) your violation of the Agreement, (iii) your violation of any rights of any other person or entity; or (iv) any viruses or other similar harmful inputs by you into the Site.

12. THIRD-PARTY CONTENT

Content from advertisers and other third parties may be made available to you through the Site. Because we do not control third-party content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy or suitability of the information, and we assume no responsibility for such content. The Site may contain links to websites not operated by Knott Learning. We are not responsible for the content of such websites. We make no warranties and accept no responsibility for the content on third-party websites accessible by hyperlink from the Site. Our inclusion of links to such websites does not imply any endorsement of the materials on the third-party website. It is your responsibility to review the privacy policies and Terms of Service of any other website you visit.

13. ELECTRONIC COMMUNICATIONS

We can only give you the benefits of our Services by conducting business through the internet. You hereby consent to receive communications from us in electronic form, including emails, messages through social media applications, and newsletter subscriptions.

14. COPYRIGHT VIOLATIONS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good faith belief your work has been copied; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner.

Our copyright agent for notice of claims of copyright infringement on the Site can be reached by email at: support@knottlearning.com

15. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

This section 15 shall be referred to herein as the “Arbitration Agreement.” Except for a claim by Knott Learning of infringement or misappropriation of Knott Learning’s patent, copyright, trademark, or trade secret, any and all disputes between you and Knott Learning arising under or related in any way to these Terms or your use of the Site, or your receipt of any email or other communication from us must be resolved through binding arbitration as described in this section. This Arbitration Agreement is intended to be interpreted broadly. YOU AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND KNOTT LEARNING ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND KNOTT LEARNING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN NDIVIDUAL CAPACITY. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

(1) Any and all claims or causes of action between you and us and our employees or agents regarding these Terms, shall exclusively be settled through binding and confidential arbitration.

(2) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. If JAMS is unavailable to arbitrate, the parties will agree on an alternative arbitration forum.

(3) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.

(4) You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTYS’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we, in our sole and exclusive discretion, may pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.

(5) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court provided such action remains in such court. Furthermore, claims of copyright infringement or misappropriation of the other party’s copyright or trademark shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Wyoming.  Additionally, notwithstanding our agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Wyoming in order to maintain the status quo pending arbitration, and the parties hereby agree to submit to the exclusive personal jurisdiction of the courts located within Wyoming for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

(6) Thirty-Day Right to Opt-Out. You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to: support@knottlearning.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your full name, address, email address, phone number, and a statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may have with us.

16. GENERAL TERMS

You are responsible for compliance with all applicable laws. The Terms of Service and the relationship between you and Knott Learning will be governed by the laws of the State of Wyoming, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Service, or your use of the Site or Services not subject to arbitration under Section 15 must be instituted exclusively in the federal or state courts located in Wyoming and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. You may not transfer, assign or delegate any of your rights and/or duties under the Agreement to anyone else and any attempted assignment or delegation is void. We have the rights to freely assign our rights under this Agreement. You acknowledge that we have the right to seek an injunction to stop or prevent a breach of your obligations. The paragraph headings in the Agreement, shown in boldface type, are included only to help make the Agreement easier to read. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. The Agreement constitutes the complete and exclusive agreement between you and us with respect to the subject matter, and supersedes all prior oral or written communications or agreements. Subject to subsection 15 above, if for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.

17. SURVIVAL OF TERMS

Sections 1, 2, and 5 through 13, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site and the Services, will survive the expiration or termination of the Agreement for any reason.

18. NOTICE

We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to: support@knottlearning.com

19. ACKNOWLEDGEMENT

Knott Learning and you acknowledge that this Agreement is concluded between Knott Learning and you only. Knott Learning is solely responsible for the Site and content thereof.

20. MAINTENANCE AND SUPPORT

Knott Learning is solely responsible for providing any maintenance and support services with respect to the Site.

21. WARRANTY

Knott Learning is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed, with respect to the Site.

22. ENTIRE AGREEMENT

This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.  Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.  Knott Learning shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control. This Agreement, and your rights and obligations hereunder, may not be assigned or otherwise transferred by you without Knott Learning’s prior written consent.  Any attempted assignment or transfer in violation of the foregoing will be null and void.

23. QUESTIONS

If you have any questions with respect to the Services, please contact our customer service department via email at: support@knottlearning.com