Terms of use

The following terms and conditions (these "Terms") govern your use of the KnownCircle.com website (referred to as the "Site") as well as the content, products, software, source code, other websites and services (collectively, including the Site, the "Services") made available by the Site’s owner, Pramati Technologies


The words "we", "us" and "our" means Pramati Technologies, the owner and operator of KnownCircle.com and the Services. The words "you" and "your" refers to the person accessing or using the Services subject to these Terms, whether as the owner or representative of a business with a KnownCircle profile (a "Business User"), a consumer who uses the Services to find or endorse service providers and other businesses or create a "KnownCircle" of Business Users (a "Consumer User"), or a visitor to the Site. In these Terms we refer to each person using the Services in any one or more of these roles as a "User", and unless otherwise expressly stated below, these Terms apply to all Users. To the extent you access or use the Services as an employee, manager, member or agent of any entity, you also accept these Terms on behalf of such employer, principal or other entity.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE MODIFIED OR AMENDED FROM TIME TO TIME BY US IN OUR DISCRETION. ANY SUCH AMENDMENTS TO THESE TERMS BECOME EFFECTIVE AT THE TIME THEY ARE POSTED TO THE SITE, AND EACH TIME YOU ACCESS OR USE ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AS AMENDED. IF YOU DO NOT AGREE, YOU SHOULD DISCONTINUE USE OF THE SITE AND ALL OTHER SERVICES IMMEDIATELY.

Information about you

1

You agree the information you provide when you register to use the Services will be true and accurate and kept up to date by you. You agree not to enter false information or impersonate any other person when you use the Services. You must be 18 years of age or older to use the Services.

2

Our Privacy Policy is incorporated herein by reference. By using this Site or other Services, you consent to the use of your personal information including but not limited to your email address pursuant to our Privacy Policy.

Use of Services as a Business User or Consumer User

3

We may provide you with one or more user ID's, initial passwords and/or other devices for you to access the Services to manage your KnownCircle user account,Business User profile and other User connections. It is your sole responsibility to keep all user IDs, passwords and other means of access to the Services within your possession or control confidential and secure from unauthorized use.

4

Whether using the Services as a Business User, Consumer User or otherwise, you agree not to use or permit the use of the Services directly or indirectly for any of the following:

  • a.Disclosing personally identifying information or private information of any person without his or her consent;
  • b.Posting or sending material that is grossly offensive, obscene, lewd, lascivious, pornographic, profane or violent, harassing or otherwise objectionable, libelous , defamatory or threatening or that promotes or encourages hatred, violence, racism or criminal conduct;
  • c.Uploading or spreading computer viruses, worms, Trojan horses, spyware or other harmful code;|
  • d.Infringing the intellectual property rights or misappropriating trade secrets of any third party;
  • e.Developing or participating in the development, sale or marketing of any social marketing or social networking service or other service or product that competes against Pramati Technologies;
  • f.Copying, recording, compiling, reproducing, republishing, using or reselling (by any method, including but not limited to screen or web "scraping" or other means) any information available through the Services for any purpose other than your personal use of the Services as provided in these Terms and our website;
  • g.Fraudulently inducing the purchase of goods or services or disclosure of information by any User;
  • h.Selling or marketing products or services that are unlawful;
  • i.Selling or marketing products or services or soliciting funds or information in a manner that is prohibited by applicable law or regulation;
  • j.Deceiving any User regarding the identity of you or your organization or the nature or quality of any products or services promoted by you through the Services; or
  • k.Exceeding the usage limits of your KnownCircle account if any.

Each of the above restrictions shall be enforceable to the fullest extent permitted by applicable law.

5

You may use the Services to post and share referrals and endorsements of businesses featured on KnownCircle.com to your friends through social media and other channels. If your referrals or endorsements generate complaints from third parties about receipt of spam or your message contents, we undertake no responsibility for such complaints or any related claims. However, we may terminate or suspend your access to or use of the Services in our discretion if we determine such action is warranted.

Business User Terms

6

Whenever you use the Services as a Business User, you agree to the following terms and conditions:

  • a.Whenever you use our Services to claim, post, modify or manage the content of a business profile (your "KnownCircle profile"), (a) you represent and warrant that you have the power, right and authority to control such KnownCircle profile, and (b) you authorize us to use and publish your KnownCircle profile in accordance with these Terms. You are responsible for the content and any third party's reliance on or use of your KnownCircle profile and for compliance with all laws, rules and regulations with respect to such content and for all products and services promoted therein.
  • b.You grant Pramati Technologies and its affiliates a non-exclusive worldwide royalty-free license and right to use, reproduce, display, distribute and transmit the content of your KnownCircle profile, the name of your business, its logo and any trademarks and any photographs, graphics, artwork, text and other content provided or specified by you, including the likeness of any person contained in such content ("Your Content"), in any media and any manner in our discretion in connection with the operation, performance, delivery, promotion, development or sale of the Services, the KnownCircle business or Pramati Technologies
  • c.Subject to applicable law and in accordance with our policies and procedures, if you obtain access to any other User’s personally identifiable information ("User Data") through use of the Services, you agree to use and maintain such User Data strictly in compliance with all laws, rules and regulations applicable to such User Data and your business.
  • d.You represent and warrant that: (a) you have the right, power and authority to enter into these Terms; (b) you own all right, title and interest in Your Content and have the right to grant licenses in Your Content as stated in these Terms; (c) your KnownCircle profile and any advertising or promotion of goods and services relating thereto will not constitute false, deceptive or unfair advertising, disparagement or unfair trade practices under any applicable law; (d) Your Content does not and will not violate any copyright, trademark, or other intellectual property right or right of privacy or publicity of any third party; (e) you hold all necessary licenses, permits, regulatory and authorization documents, if any, required to provide the goods or services described in your KnownCircle profile; and (i) you will not resell, broker or otherwise disclose User Data to any third party, in whole or in part, for any purpose whatsoever, and will not copy or otherwise reproduce any User Data, other than for the purpose of using the Services and promoting, selling and providing the products and services described in your KnownCircle profile.
  • e.We reserve the right to display multiple KnownCircle profiles together on one web page. We also reserve the right to embed third party advertising ("Affiliate Advertising") within KnownCircle profile pages, provided that no endorsement of any third party product or service will reasonably be attributable to you from the placement of such Affiliate Advertising. To the extent your KnownCircle profile includes Affiliate Advertising, you agree not to remove, modify or conceal any Affiliate Advertising content. Subject to your compliance with these Terms, you shall not be responsible for third party claims arising from the publication of other users' profiles or Affiliate Advertising.
  • f.We reserve the right, but shall not be obligated, to reject, revise or delete any KnownCircle profile. You further agree that we may limit the extent to which profiles can be configured or customized using the Services and may establish and modify from time to time in our discretion limits and policies relating to the publication or use of profiles, referrals, endorsements and other features of the Services. We may remove any KnownCircle profile and terminate any KnownCircle account immediately and without further notice if the Services are used in any manner inconsistent with any of these Terms or our polices.

Ownership of Services

7

By these Terms we are only providing you with the right to access and use the Services. Pramati Technologies retains sole and exclusive ownership of and all right, title, and interest in and to the Services (including ownership of all trade secrets, trade dress, copyrights, and other intellectual property interests pertaining to the Services, but not including Your Content) and to all modifications and enhancements of the Services, and any software, technology or tools used by us to provide the Services (collectively the "KnownCircle IP"). The KnownCircle™ and SocialTwist names and logos are trademarks of Pramati Technologies and its affiliates. In addition, the Services are presented with a distinctive "look and feel," and this "look and feel" is the proprietary property of Pramati Technologies We reserve all rights in and to the KnownCircle IP not expressly granted under these Terms.

8

You agree not to rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the KnownCircle IP or any portion thereof, or use such KnownCircle IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You are prohibited from creating any derivative work based on the KnownCircle IP. You agree not to modify, translate, reverse engineer, decompile or disassemble the KnownCircle IP.

9

The Services are protected by U.S. copyright laws and international treaty provisions. You may not use, copy, modify, or distribute the Services (electronically or otherwise) or KnownCircle IP, including the source code for any portion of the Services, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by us in writing. You may not transfer, lease, assign, rent, or sublicense the rights granted to you under these Terms, or make the Services available for the use of others through your User ID. You may not use any portion of the Services or any standalone utility provided for use with the Services for any purpose other than its intended purpose. p 10. You shall not remove, modify or copy any KnownCircle or third party trademarks accessed through the Site or incorporated into KnownCircle profiles. All third party marks are the properties of their respective owners and may be used by you only in connection with use of the Services and for no other purpose whatsoever.

11

The Site and any Services may be modified, revised, suspended or discontinued in whole or in part, either temporarily or permanently, with or without notice, in our discretion. No resale, sale or use for commercial purposes of any portion of the Services is authorized or permitted except with our prior written consent in each instance. We reserve the right in our discretion to deny access to the Services by or through any person, network or device.

Third-party content

12

We assume no responsibility or make any representation or warranty with respect to websites, brands, products or services owned and operated independently by third parties (including but not limited to our users, customers, partners or affiliates) which may be accessed by you or users through links on our website or KnownCircle profile interfaces or otherwise from the Services.

Copyright notices

13

We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed, reproduced, printed or otherwise distributed by us through this website in violation of any third party copyright, please notify us in writing. Send your notice to Pramati Technologies 1975 W. El Camino Real, Suite 301, Mountain View, California 94040, attention: chief legal officer, and include the following:

  • a.electronic or physical signature of a person authorized to act for the copyright owner
  • b.description of the copyrighted work
  • c.description of where the infringing content is located on this website
  • d.your office or home address, telephone number and email address
  • e.a statement of good faith belief that the use of the work is not permitted by the copyright owner, and
  • f.a statement under penalty of perjury that the above is true and you are authorized to act for the owner.

DISCLAIMERS

14

THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR ERRORS. NOT ALL MESSAGES SENT THROUGH THE SERVICES WILL BE RECEIVED BY OR WILL BE CAPABLE OF BEING VIEWED BY THEIR INTENDED RECIPIENTS. MESSAGES MAY BE INTERRUPTED OR CORRUPTED DURING TRANSMISSION. OUR SYSTEMS MAY NOT PREVENT THE CORRUPTION OR LOSS OF YOUR CONTENT OR DATA. THE SERVICES MAY NOT BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS OR ACCESSIBLE TO ALL VISITORS OR USERS OR THROUGH ALL YOUR WEBSITES. WE ASSUME NO LIABILITY FOR SUCH INCIDENTS OR CONDITIONS. ALL SERVICES, INCLUDING BUT NOT LIMITED TO KNOWNCIRCLE WEBSITE CONTENT AND PROGRAMS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (II) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

LIMITATION OF LIABILITY

15

EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, PRAMATI TECHNOLOGIES, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY TO YOU OR ANY USER OR THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNATIVE OR INCIDENTAL DAMAGES OF ANY KIND RELATING TO YOUR USE OF THE SERVICES. FURTHERMORE, EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, THE MAXIMUM LIABILITY OF PRAMATI TECHNOLOGIES, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL PURCHASE PRICE PAID BY YOU FOR SERVICES WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF CLAIMS OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL LIABILITIES.

Indemnification

16

You agree to indemnify and hold harmless KnownCircle, its subsidiaries, affiliates, directors, officers and employees, from and against any and all liabilities, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from or relating to any third party claim, action or demand asserted against any of the foregoing parties based on: (a) any breach of these Terms by you or anyone accessing the Services using your login credentials; (b) any violation of law, regulation or third party rights in connection with your use of the Services; or (c) any complaint, claim, demand, action or proceeding by any User or third party with respect to any communication, content, profile, referral, endorsement or other material posted or transmitted by you through the Services, or the performance or delivery of any products or services promoted by you or described in any KnownCircle profile by you.

17

You agree to pay all reasonable attorneys' fees and costs incurred by us in enforcing these Terms against you.

Termination

18

Your right to access and use the Services shall terminate immediately upon your breach of any Terms.

Miscellaneous

19

Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever. You may not assign any of your rights hereunder and any purported assignment by you shall be invalid. We may assign any and all rights or obligations under these Terms in our discretion.

20

If you are provided with any standalone software utilities for use with the Services, you acknowledge that these utilities may be subject to regulation by local laws and United States government agencies which prohibit export or diversion of certain products, information about the products, or direct products of the products to certain countries and certain persons. You represent and warrant that you will not export or re-export such software in violation of these regulations to a national destination prohibited under these regulations or to any person to whom exports, re-exports or transfers are prohibited under these regulations.

21

You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to Pramati Technologies and its affiliates, for which we may not have an adequate remedy in money or damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. Our right to obtain injunctive relief will not limit its right to seek or obtain further remedies.

22

Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

23

These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its choice of law principles and the applicable federal laws of the United States. By using the Services, you agree to submit to the personal jurisdiction of the state and federal courts located in Santa Clara county, California, for the adjudication of any and all disputes, claims or controversies between you and us relating to these Terms or the Services.

Please direct questions about these terms & conditions to support@knowncircle.com

Updated January 2015 KnownCircle is a trademark of Pramati Technologies © 2014 Pramati Technologies All rights reserved.

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