This User Agreement ("Agreement") governs the use of the knowbrainer.com Websites (including online shopping and user forum Websites) ("Service") provided by KnowBrainer ("Service Provider"). You can access this Agreement at any time from the bottom of top level page at http://www.knowbrainer.com.

Please read this Agreement carefully.

Since this Service includes a free user forum for free-flowing exchange of information, opinions and comments and an enjoyable and informative experience for all, it's users must abide by certain rules (please see our Privacy Policy). Your use of this Service will constitute your agreement to comply with these rules.

If you do not agree with the rules contained in this Agreement, please do not use the Service.

The following rules may be modified by Service Provider from time to time; notice of revisions to this Agreement will be announced on this page. Continued use of this Service by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow the rules, whether listed below or in supplemental notices posted at various places in the Service, may result in initiation of remedies.

Permission to Link to Service Provider Does Not Constitute an Endorsement
Service Provider does not necessarily endorse, support, sanction, encourage, or verify sites that link to this site, even if the logo or mark of the Service Provider or Service is used as part of the link.

Use of the Service by You
Your right to use the Service is personal to you and you are responsible for all of your own use of the Service.

You agree not to use any obscene, indecent or offensive language, or to place on the Service any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

Other than connecting to servers hosting this site by HTTP requests using a Web browser, you may not attempt to gain access to servers by any means — including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise. Additionally, any type of "hacking", inclusive but not limited to port scanning, traffic sniffing, attempting to circumvent any security measures of the Service or any other means of attempting to interface with the Service in other than the manner it was intended is strictly prohibited.

You are responsible for ensuring that any material you provide to the Service, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party — or is posted with the permission of the owner(s) of such rights.

Material on the web site is for your personal use only. It contains copyrighted and other proprietary information, including the KnowBrainer® trademark and associated logo. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the web site, except as permitted by the Copyright Act or other law.

You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to this web site and is not responsible for their content or actions.

Use of Material Posted by You
Postings (e.g. messages), and all other communication with Service Provider or Service users, are not private. You grant the Service Provider and its designees the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material you supply or communicate to the Service via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses. Excluded from this unrestricted right to use is your provision of confidential information provided for personal technical support or purchases from our Service's online shopping area. This information is subject to and outlined within our privacy policy.

Indemnification

You agree to indemnify Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including attorneys' fees) that may arise from your submissions, from your unauthorized use of material obtained from the web site, from your breach of this Agreement, or from any such acts arising through your use of the Service.

Editing and Deletions
Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users on the Service, in its sole discretion and without notice.

Additional Rules
Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional rules.

Disclaimer of Warranty and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

THE SERVICE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Jurisdiction
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Tennessee applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court that services Hermitage, Tennessee. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

Entire Agreement
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.

If you don't agree to the terms contained in this Agreement, please exit the Service now.