Effective February 2, 2021
3. Ownership. All content included on the Site is and will continue to be the property of Knox Associates, Inc., d/b/a Knox Company, an Arizona corporation (“Knox,” “we,” “us,” or “our”) or our content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this TOU. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. The Site is intended for adults only. This Site is not intended for any children under the age of 13.
5. Trademarks. The Knox registered trademarks are either trademarks or registered trademarks of Knox. Other product and company names, if any, mentioned on the Site may be trademarks of their respective owners.
6. Site Use. Knox hereby grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, or use our materials, products or services in violation of any law. Further you agree that you will not, and will not allow third parties to, use our Site (or any interfaces included in the Site) to:
- participate in, or promote any activity considered illegal;
- launch any unlawful, invasive, infringing, defamatory or fraudulent software or enterprise;
- intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
- interfere with anyone’s use of our Site, or interfere with the software and equipment used to provide maintain our Site;
- disable, interfere with, reverse engineer or circumvent any aspect of our Site;
- take any action to allow users to infringe or misappropriate the intellectual property rights of others;
- generate, distribute, or facilitate unsolicited mass email, or advertising; or
- access any other company’s product or service in a manner that violates the terms of service of such other product or service.
The use of the Site is at the discretion of Knox and Knox may terminate your use of the Site at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you in connection with your use of the Site is truthful and accurate to the best of your knowledge. In addition, you represent and warrant that you have the right and authority to provide us all information you provide about yourself and others.
8. Indemnification. You agree to indemnify, defend and hold Knox, Golden Communications, Inc., and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this TOU or use of the Site.
9. Disclaimer. We strive to make sure that all information presented on the Site is accurate and up-to-date, but we do not warrant the information. And while we have tried to make the Site as attractive and functional as possible, use of the Site and its contents are at your own risk. We do not warrant that the Site's functionality will be error-free or that the Site will be free of viruses or other harmful programs. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. KNOX DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL KNOX BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ITS CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this WTOU that directly conflict with such laws may not apply to you.
12. Applicable Law. You agree that the laws of the state of Arizona, without regard to conflicts of laws, provisions will govern this WTOU and any dispute that may arise between you and Knox or its affiliates.
13. Severability. If any provision of this WTOU shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this WTOU will otherwise remain in full force and effect.
14. Waiver. The failure of Knox to exercise or enforce any right or provision of this WTOU will not operate as a waiver of such right or provision. Any waiver of this WTOU by Knox must be in writing and signed by an authorized representative of Knox.
15. Termination. Knox may terminate this WTOU at any time, with or without notice, for any reason.
16. Relationship of the Parties. Nothing contained in this WTOU or your use of the Site may be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.