Terms of Use
BY ORDERING MY TRAINING COURSE,
YOU CONSENT TO BE BOUND BY THIS
AGREEMENT.
SUBJECT TO PAYMENT OF APPLICABLE FEES AND TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT, KNOWPARROTS.COM GRANTS
YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO
USE THE EBOOKS (COLLECTIVELY CALLED "TRAINING COURSE")
IN THE MANNER DESCRIBED BELOW UNDER "SCOPE OF GRANT".
I. SCOPE OF GRANT
YOU MAY ONLY :
(a) install the Training Course on a single computer;
YOU MAY NOT:
(a) permit or provide the opportunity to other individuals
to use the Training Course;
(b) disclose the username and password that you use to access
my Training Course to any other individual or company or in
any publicly accessible medium;
(c) permit concurrent use of the Training Course;
(d) modify or translate any portion of the Training Course
(except to the extent of applicable laws), or create derivative
works based on the Training Course;
(e) copy the Training Course;
(f) sell, rent, lease, grant a security interest in, sublicense,
distribute or otherwise transfer rights to the Training Course;
or
(g) remove any proprietary notices or labels on the Training
Course.
II. PROPRIETARY RIGHTS
You acknowledge and agree that, other than the license granted
to you in this Agreement, the copyright, patent, trade secret,
and all other intellectual property and proprietary rights
of whatever nature in the Training Course, are and shall remain
the property of KnowParrots.com.
III. CONFIDENTIAL INFORMATION
You acknowledge that the Training Course contains valuable
confidential information of KnowParrots.com ("Confidential
Information"). You agree to keep it as confidential and
to use it only as permitted under this Agreement. You agree
to safeguard the Confidential Information using the same degree
of care as you use with respect to your own information of
like importance, but in any event with no less than reasonable
care.
IV. OUR POLICIES
a. KnowParrots.com warrants that for 30 days following your
purchase of the training course, the training course will
perform to your satisfaction. You may notify KnowParrots.com
of any breach of the foregoing warranty during the 30 day
warranty period. As your sole remedy and KnowParrot.com's
sole liability for breach of the foregoing warranty, KnowParrots.com
will terminate this agreement and refund to you all license
fees you have paid for the training course until that date
to KnowParrots.com. All refund requests need to be made through
email to KnowParrot.com's post-sales customer service If you
have signed up for a free trial of the training course, and
if you want to cancel your free trial before you are charged
anything, this cancellation request also needs to be made
through email to KnowParrot.com's post-sales customer service.
Any refund or cancellation requests made to any other email
address, or through phone or fax will not be accepted, honored
or replied to, under any circumstances. No refunds would be
issued under any circumstances if the refund request has not
reached KnowParrot.com's post-sales customer service office
within 30 days from the date that you purchase the training
course. No free trial cancellations would be made under any
circumstances if the written cancellation request has not
reached KnowParrot.com's post-sales customer service office
within 30 days from the date that you sign up for the free
trial. Refund or cancellation requests sent to any other email
address other than the post-sales customer service office
of KnowParrots.com will not be accepted, honored, or replied
to. All refunds will be issued through the online payment
service called Pay Pal. No refunds will be issued through
any other means. If you do not have a Pay Pal account, you
would need to sign up for one.
A. Except as provided in section iv(a) above, the training
course and the services (as defined in section vi below) are
provided to you "as-is", without warranty of any
kind. KnowParrots.com expressly disclaims all warranties,
express, implied or statutory, including without limitation,
the warranties of merchantability, fitness for a particular
purpose and against infringement. This warranty gives you
specific legal rights, and you may have other legal rights
that vary by jurisdiction.
V. INDEMNITY
You agree to indemnify and defend KnowParrots.com, at your
expense, against any claim or action brought against KnowParrots.com
arising out of or related to (1) your use of the Training
Course, except to the extent covered by KnowParrots.com in
this agreement or in any documentation or book that accompanies
the Training Course; or (2) your violation of any terms of
this Agreement.
VI. TERMINATION
This Agreement and the license granted herein shall remain
in effect perpetually as long as you have paid the license
fee charged by KnowParrots.com, (except your right to use
a free-trial version of the Training Course, if any, which
terminates at the end of the trial period). However, this
Agreement and the license will terminate automatically if
you fail to comply with the terms and conditions described
herein or if you ask for a refund as provided in Section IV
of this Agreement. Upon termination of this Agreement, you
shall stop using everything included in the Training Course
and shall permanently delete everything that you have received
as part of the training course from your computer. Furthermore,
upon termination of this agreement, KnowParrots.com will disable
the username and password that you use to access the Training
Course. The following sections will survive any termination
or expiration of this Agreement: III, IV, V and VIII.
VII. COMPLIANCE WITH LAWS;
EXPORT CONTROLS
None of the Training Course or underlying information or
technology may be downloaded or otherwise exported or re-exported
in violation of applicable export control laws, rules and
regulations of the United States or any other applicable foreign
jurisdiction ("Export Control Laws"). By downloading
or using the Training Course, you agree to the foregoing and
you represent and warrant that you will comply with all applicable
laws, rules and regulations, including without limitation
Export Control Laws.
VIII. LIMITATION OF LIABILITY
KnowParrots.com SHALL HAVE NO LIABILITY ARISING UNDER OR
RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE
THE Training Course FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL OR INDIRECT DAMAGES, EVEN IF IT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY
OF KnowParrots.com TO YOU FOR ANY REASON, REGARDLESS OF THE
CAUSE OF ACTION, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE
AMOUNT PAID BY YOU TO KnowParrots.com FOR THE Training Course
UNDER THIS AGREEMENT. THE PRICE OF THE Training Course HEREIN
REFLECTS, AND IS SET IN RELIANCE UPON, THIS ALLOCATION OF
RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH
IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
IX. THIRD PARTY SITES
The Training Course may direct you to external sites on the
World Wide Web. KnowParrots.com is not responsible for any
data or other information available from any third party website
and you acknowledge that KnowParrots.com shall have no liability
to you for any damage or loss arising from the access to,
use of, or reliance on such data or information. You shall
be solely responsible for complying with any and all terms
or conditions imposed by a third party on its website.
X. FEES AND PAYMENT
Except for any free-trial version of the Training Course,
if any, your use of the Training Course and the Services is
subject to your prior payment of all applicable fees (collectively,
"Fees"). Fees and payment information set forth
at www.KnowParrots.com at the time that you purchased the
Training Course are incorporated herein by this reference.
You are responsible for any and all taxes and duties based
on the transactions contemplated hereunder. Upon receipt of
payment of the Fees, KnowParrots.com will give you access
to the Training Course within a reasonable time.
XI. YOUR INFORMATION
In order to use the Training Course, KnowParrots.com requires
that you provide certain personal information, such as payment
information, name and address. You agree to: (a) provide true,
accurate, current and complete information about you as prompted
by the applicable forms, and (b) maintain and promptly update
the information. If you provide any information that is false,
inaccurate, not current or incomplete, or KnowParrots.com
has reasonable grounds to suspect that such information is
false, inaccurate, not current or incomplete, or if a full
refund has been issued to you, KnowParrots.com reserves the
right to refuse to permit you to download the Training Course
or to access or use Services. KnowParrots.com reserves the
right to send you occasional emails containing tips for using
the Training Course, or special offers.
XII. OTHER RIGHTS AND OBLIGATIONS
KnowParrots.com reserves the right to increase the one-time
fee when it introduces any new version of the Training Course,
provided that you will only be charged the higher one-time
fee if you specifically want to upgrade to the newer version
of the Training Course.
XIII. MISCELLANEOUS
This Agreement shall be governed by the laws of the State
of Karnataka in India. Exclusive jurisdiction and venue or
any dispute for any dispute arising out of or related to this
Agreement shall be in the courts serving the city of Bangalore
in Karnataka, India. This page represents the complete agreement
between KnowParrots.com and you concerning the subject matter
of this Agreement and supercedes all prior and contemporaneous
understandings and agreements between the parties concerning
the subject matter of this Agreement. This Agreement may be
amended only by a writing executed by both parties. No delay
or failure by KnowParrots.com to act in the event of a breach
or default hereunder shall be construed as a waiver of that
or any succeeding breach or waiver of the provision itself.
You may not assign, transfer, delegate or sublicense your
rights, duties or obligations under this Agreement, in whole
or in part without KnowParrot.com's prior written consent.
Any attempted assignment in violation of this Section shall
be void. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be reformed
only to the extent necessary to make it valid or enforceable,
and the remainder of this Agreement shall not be affected.
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