Welcome to NewKnow, a cloud-based retail and sales training and communication service available on our website located at www.mynewknow.com or in the NewKnow mobile application (collectively, the “Services”).
The Services are provided solely (a) to allow Employers to provide and manage the training of their Team Members, to enable Employers to create and share training modules (“newknows”) with Team Members and other businesses, and to use any other services made available by NewKnow from time to time; (b) to allow Team Members to access and complete training shared with them by their Employers; and (c) to facilitate communication among Team Members, and among Team Members and Employers, through a direct-messaging feature made available within the Services (the “Permitted Use”).
Employers (or any of Employers’ Team Members) may load, transmit, enter, or receive Content in the course of using the Services (“Employer Content”). Employers retain all ownership and intellectual property rights in and to Employer Content. The Employer grants to NewKnow a nonexclusive, worldwide, royalty-free, irrevocable, fully paid-up right to use, process and transmit Employer Content to provide the Services. We may collect, use and analyze data and other information relating to the provision, use and performance of the Services and related systems and technologies to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other NewKnow offerings.
Upon registration, you will choose a password. You alone are responsible for keeping that password confidential, and for any and all activity that occurs on the Services under your account. You agree to promptly notify NewKnow of any actual or suspected unauthorized use of your account. When you provide NewKnow with such notice, NewKnow reserves the right to suspend, deactivate, or replace your account to prevent future unauthorized activity.
(a) sub-license, sell, rent, lend, lease, or distribute the Services or any intellectual property rights therein, permit timesharing, or commercially exploit the Services;
(b) gain unauthorized access to the Services or to other computer systems or networks connected to the Services through password mining or other means, or otherwise use or access the Services in a manner that threatens the security or functionality of the Services;
(c) use the Services to create, collect, transmit, store, use, or process any Content that:
(i) contains any computer viruses, worms, time bombs, Trojan horses; or other harmful or malicious code, files, scripts, agents, or programs intended to damage or alter a computer system or data;
(ii) you do not have the lawful right to create, collect, transmit, store, use, or process;
(iii) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, or any form of solicitation;
(iv) violates any applicable laws, or infringes, violates, or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
(d) make any Modifications to the Services;
(e) reverse engineer, de-compile or disassemble the Services;
(f) harvest or otherwise collect, use, store, or disclose any information (including personal information) about other users of the Services, including email addresses, without the consent of such users, including through the use of a robot, spider, scraper, deep link, or other similar automated data gathering or extraction tool;
(g) create a false identity or impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
(h) remove or obscure any proprietary notices or labels on the Services, including brand, copyright, trademark, and patent or patent pending notices;
(j) perform any vulnerability, penetration or similar testing of the Services; or
(k) authorize or assist any third party to do any of the things described in this section.
The Services may provide links to third-party websites or applications. These links are provided solely for your convenience and for the convenience of other users of the Services. We do not endorse the information, products, or services described on those websites or applications; or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. The content in any linked website or application is not under our control, and if you choose to access any such website or application, you do so entirely at your own risk.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NEWKNOW BE LIABLE TO ANY USER FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II) BUSINESS INTERRUPTION OR LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL, WHETHER DIRECT OR INDIRECT; OR (III) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH LOSS OR DAMAGES.
(b) Notwithstanding anything to the contrary hereunder, you may use the NewKnow mobile application only on an Apple device that you own or control.
(c) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the NewKnow mobile application.
(g) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
(h) You must comply with applicable third-party terms of agreement (if any) when using the NewKnow mobile application.
(a) You acknowledge that Google is not responsible for providing support services for the NewKnow mobile application.
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