The following document (found at knowledgepost.us/terms) describes the terms on which KnowledgePost offers users access to our services. These terms are only applicable to those users who utilize KnowledgePost’s services.
By using KnowledgePost Site (including www.knowledgepost.us and its related sites, services and tools), you agree to the following terms with KnowledgePost. By accessing the Site, you agree to the terms listed herein as well as any applicable posted guidelines or rules. For users utilizing free KnowledgePost services, KnowledgePost reserves the right at any time, with or without cause, to:
At KnowledgePost our goal is to make sure you have a positive and valuable experience. As such, there are a couple different ways you can find service providers from KnowledgePost. Using Provider Request, our service where you request a referral for a specific learning service, offers up to three service providers for you. In addition, you may search for individual service providers from our Provider Search, a directory of service providers that includes their detailed information.
KnowledgePost allows service providers to post profiles about themselves and their business on the KnowledgePost Site or related apps. All of the terms and conditions of this Agreement apply to use of any such Service Provider account and profile, including without limitation, maintaining profile information, uploading or other posting of Content, links, and indemnification obligations. KnowledgePost does not review or verify the information or representations set forth in those profiles, as they are self-reported by the Service Provider. KnowledgePost therefore makes no representations or warranties regarding any information posted by a service provider, and assumes no liability for such information. Service Providers may immediately deactivate or delete an account at any time.
DISCLAIMER: KNOWLEDGEPOST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE CREATION OF A PROVIDER PROFILE, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PROVIDER PROFILE PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
Your use of the KnowledgePost Services and Prohibited Uses
You acknowledge and agree that your use of the KnowledgePost Site is for your personal use, or the use of your colleagues or organization, and not for advertising purposes. You may not use the Site to recreate or compete with KnowledgePost, to solicit or harass KnowledgePost service providers, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to KnowledgePost for any such damages, and will indemnify KnowledgePost in the event of any third party claims against KnowledgePost based on or arising from your violation of the foregoing. For any political subdivision, your indemnification is to the fullest extent permitted by State of Ohio law and decisions thereunder, and you agree to be responsible for any and all personal injury and property damage (excluding attorney's fees) that is attributable to your actions or omissions as set forth in Ohio Revised Code Section 2744. We reserve the right to revoke your access to any KnowledgePost products or services at any time. If it is determined or suspected by KnowledgePost in its sole discretion that you are misusing or attempting to misuse or circumvent the KnowledgePost services or system, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, KnowledgePost reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Information You Provide to Us
Upon using the KnowledgePost Site, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information on the Site. Some of this information will be sent to service providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service providers via phone, email or other reasonable means, at any of your contact numbers, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. By completing a service request, you agree to be contacted by KnowledgePost and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or KnowledgePost has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KnowledgePost has the right to refuse any current or future use of the KnowledgePost services (or any portion thereof) by you. You are responsible for any use of the KnowledgePost services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO KNOWLEDGEPOST AND ITS SERVICE PROVIDER PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL OR PHONE NUNBER, OR A RANDOM OR MADE UP NAME, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO KNOWLEDGEPOST AND EACH KNOWLEDGEPOST SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS INCLUDING ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO.
Access and User Generated Content
Service providers may elect to register with KnowledgePost and create a profile. If you are using or opening an account on the site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms & Conditions; and agree to be bound by these Terms & Conditions on behalf of such Subscribing Organization.
Links to Third Party Sites
The links in the Site will let you leave the KnowledgePost site. The linked sites are not under the control of KnowledgePost and KnowledgePost is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. KnowledgePost is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KnowledgePost of the site.
It is currently free to sign up on KnowledgePost, as well as create provider profiles, post service listings, receive messages and services inquiries, and share learning resources. However, KnowledgePost does charge a commission for business won through the Get Matched Service. This agreement covers commissions due to KnowledgePost for a “Contract” (an agreement between you and a “Buyer” (a client engaging you for services as a result of your involvement in the Get Matched Service) as follows:
The commissions above are due to KnowledgePost for Contracts from the same Buyer for a 12-month period dating from the first Contract with that Buyer. Any client that you can show by written evidence was a client prior to being a Customer is excluded from the commission.
Upon receipt of any payment under any Contract, you shall pay the commission to KnowledgePost within 30 days.
The commission rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the commission rate.
Sales reports will be due with each payment.
You will indemnify and hold KnowledgePost (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to KnowledgePost during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Legal notices for KnowledgePost shall be mailed to: 2188 West 6th St, Cleveland, OH 44113.
Legal Disputes and Resolution
While we cannot guarantee the work performed by a listed service provider, and while we have no obligation to you with regard to your relationship with a service provider, the KnowledgePost resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a learning service with a service provider who you learned about through the KnowledgePost site. We may, upon your request, provide limited assistance in resolving disputes between you and a service provider. You must participate and use good faith efforts to resolve problems through the KnowledgePost resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
If a dispute arises between you and KnowledgePost, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and KnowledgePost agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by reaching out to a KnowledgePost employee. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
You agree that we, in our sole and absolute discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users, or us. You agree that any termination of your account or access to all or any portion of the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to such files or the Site. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Site.
Ownership; Proprietary Rights
The Site is owned and operated by KnowledgePost. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Site provided by KnowledgePost (“Materials”) are the property of KnowledgePost or its subsidiaries or Service Providerd companies and/or third-party licensors. The Material is proprietary to KnowledgePost or its Service Providers and/or third-party licensors. Except as expressly authorized by KnowledgePost, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
You acknowledge and agree that the KnowledgePost services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and KnowledgePost's sole obligation to you or any third party for any claim arising out of your use of the KnowledgePost services is that you are free to discontinue your use of the KnowledgePost services at any time.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, KNOWLEDGEPOST EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT KNOWLEDGEPOST SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF KNOWLEDGEPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE EXTENT KNOWLEDGEPOST IS FOUND LIABLE FOR ANYTHING RELATED TO THE SITE OR THE USE OF THE SERVICES, KNOWLEDGEPOST'S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of KnowledgePost to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. You and KnowledgePost agree that any cause of action arising out of or related to these terms or the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action permanently barred. These Terms and Conditions constitute the entire agreement between you and KnowledgePost and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.