Terms And Conditions Effective date: October 1 st, 2022 Knowit Owlz LLC (Knowit Owlz) is a regular publication of information, analysis, and commentary focused primarily on blockchain technology and business, cryptocurrency, blockchain-based tokens, market trends, and investment strategies.
Disclaimer: Knowit Owlz LLC does not provide individually tailored investment advice and does not take a subscriber’s or anyone’s circumstances into consideration when discussing investments, nor is Knowit Owlz LLC registered as an investment adviser or broker-dealer in any jurisdiction. The advice, guidance, and principles outlined in all content produced by Knowit Owlz LLC is not financial advice and is only for educational purposes. Please do your own research or consult a financial advisor. Information contained herein is not an offer or solicitation to buy, hold, or sell any security or investment. These Terms and Conditions govern your use of knowitowlz.xyz and the Knowit Owlz web sites (hereinafter the “Website”). By accessing the Website, you, on behalf of yourself and your applicable affiliates (hereinafter “Customer” and “you”) are acknowledging and accepting these Terms and Conditions. These Terms and Conditions are subject to change by Knowit Owlz LLC (hereinafter “COMPANY”) at any time and at our discretion without notice. Your use of the Website after any changes are implemented constitutes your acceptance of the changes.
As a result, we encourage you to consult the Terms and Conditions each time you use the Website. Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
1. REFUND AND CANCELLATION POLICIES
1.1. All sales are final. However, a Knowit Owlz NFT holder can resell their NFT on other platforms such as OpenSea at their desired price that is above our minimum resale price threshold. All physical goods including but not limited too such t-shirts, gift cards, etc are also non-refundable.
2. DEFINITIONS As used in these Terms and Conditions, the following defined terms shall apply:
2.1. Affiliate means, with respect to a party, any entity which directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the power, directly or indirectly, to direct, or to cause the direction of, the management and policies of an entity, whether through majority ownership of voting securities or equity interests.
2.2. Customer Content means any files, documents and other information belonging to Customer or users as uploaded to Customer’s Service account for storage and/or sharing with third parties, and is not related to COMPANY servicing or accessing Customer’s account.
2.3. Effective Date means the earlier of the date (i) Customer submits the initial Order, or (ii) as stated on the signature block of the Order.
2.4. Order or Services Order means any initial or subsequent ordering document and/or online request for access to the Services submitted to COMPANY, an authorized reseller of COMPANY and/or through COMPANY’s product websites.
2.5. Services means the generally available software-as-a-service offerings of COMPANY (“SaaS Services”), as further described in the Service Descriptions. COMPANY may update the Services at any time and all Services set forth in the Service Descriptions may not be available to all Customers. The Services are for professional/business use only.
2.6. Service Descriptions means the overview and other terms applicable to the Services, as amended from time to time, and found at Service Descriptions.
2.7. Updates means any corrections, bug fixes, new features or functions added to the Services, but shall not include any new versions that COMPANY markets and sells separately.
2.8. Use Level means the model by which COMPANY measures, prices and offers the Service to Customer as set forth on the applicable price list, websites, Order, and/or Service Description.
3.1. Right To Agree To Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
3.3. Limitations on Use. Except to the extent permitted by applicable law, Customer agrees, on behalf of itself and its users, not to (i) modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or attempt to decipher any code relating to the Services and/or COMPANY’s technology; (ii) knowingly or negligently access or use the Services in a manner that abuses or disrupts the COMPANY’s networks, security systems, user accounts, or Services of COMPANY or any third party, or attempt to gain unauthorized access to any of the above through unauthorized means, (iii) transmit through or post on the Services any material that is deemed abusive, harassing, obscene, slanderous, fraudulent, libelous or otherwise objectionable or unlawful; (iv) market, offer to sell, and/or resell the Services to any unauthorized third party; (v) use the Services in violation of COMPANY policies, applicable laws, ordinances or regulations; (vi) use the Services to send unsolicited or unauthorized advertising, junk mail, or spam; (vii) harvest, collect, or gather information or data regarding other users without their consent; (viii) transmit through or post on the Services any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, data privacy or right of publicity; (ix) transmit or post on the Services any material that contains software viruses or other harmful or deleterious computer code, files or programs; (x) use the Services directly or indirectly for competitive benchmarking or other competitive analysis if Customer is a direct competitor of the applicable Service; (xi) submit to, or store in the Services, any Protected Health Information (“PHI”) unless Customer has complied with the section entitled “Customer Content / Customer Accounts / Conduct” below; or (xii) make any representations with respect to COMPANY or these Terms and Conditions (including, without limitation, that COMPANY is a warrantor or co-seller of any of Customer’s products and/or services). COMPANY shall have sole and exclusive discretion to determine applicability of the restrictions set forth above and any violations thereof.
3.4. Proprietary Rights. Except for the limited subscription rights granted herein, Customer has no right, title or interest in or to the COMPANY Marks or Services or any components provided by COMPANY in connection with the Services or any intellectual property rights related thereto. Customer acknowledges that COMPANY or its licensors retain all proprietary right, title and interest in and to, or practiced in connection with, the COMPANY Marks and the Services and any components, including, without limitation, all modifications, enhancements, derivative works, configuration, translations, upgrades and interfaces thereto.
3.5. COMPANY’s Marks. Unless expressly authorized under the terms of this Agreement, Customer agrees that it shall not use, register or apply for registration of any trademark, service mark, business name, company/trade name, domain name or social media account name or handle which is comprised of or incorporates in whole or in part any Mark of COMPANY, or is otherwise confusingly similar to a Mark of COMPANY. In the event of any breach of this provision, Customer agrees that it will do all things necessary to effect the transfer of any such same or similar trademark, service mark, business name, company/trade name, domain name or social media account name or handle to COMPANY, including but not limited to executing assignment documentation. Except as expressly granted herein, no license regarding the use of COMPANY’s copyrights, patents, trademarks, service marks or company/trade names is granted or will be implied. For any authorized use of the COMPANY’s Marks, Customer represents that it has reviewed and will adhere to COMPANY’s Trademark & Copyright Guidelines, and incorporated herein by reference and as may be periodically updated by COMPANY. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Website is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.
3.6 "Individual Intellectual Property (IP) Rights:
Knowit Owlz NFT holders and Growit Owlz NFT holders are granted full individual intellectual property rights for their respective NFTs. This means that each NFT holder has the freedom to use, market, and monetize their NFT for personal or commercial purposes as they see fit, within the bounds of acceptable use. The use of Knowit Owlz NFTs for purposes related to guns, drugs, violence, sexual activity, or any other explicit material is strictly prohibited. Please be aware that the use of Knowit Owlz NFTs for promoting or engaging in activities related to guns, drugs, violence, sexual activity, or any other explicit material is strictly prohibited. Knowit Owlz LLC reserves the right to take appropriate action, including but not limited to revoking individual IP rights, if any NFT holder is found to be in violation of these guidelines.
It is the responsibility of each NFT holder to ensure that their use of the NFT aligns with these guidelines and complies with applicable laws and regulations. Knowit Owlz LLC will not be held liable for any misuse or unauthorized use of the Knowit Owlz NFTs.
Knowit Owlz LLC retains full intellectual property rights, including copyright, trademark, and other applicable rights, for the Knowit Owlz brand, logo, and associated assets. This includes the Knowit Owlz name, visual identity, any NFTs from any collection they release (including but not limited to Knowit Owl and Growit Owl NFTs) and any distinctive features or designs associated with the brand.
By owning a Knowit Owlz NFT or a Growit Owlz NFT, you acknowledge and agree that your individual IP rights extend to the specific NFT(s) you own, and not to the broader Knowit Owlz brand or its intellectual property. Knowit Owlz LLC reserves the right to enforce its intellectual property rights and protect the integrity of the Knowit Owlz brand.
We value the integrity and reputation of the Knowit Owlz brand and appreciate your understanding and adherence to these guidelines in order to maintain a positive and responsible community."
4. ORDERS, FEES AND PAYMENT
4.1. Orders. Customer may order Services using the COMPANY’s then-current ordering processes. All Orders are subject to acceptance by COMPANY in its discretion. All Customer information provided by or on behalf of Customer must be current, complete and accurate and Customer is responsible for keeping such information updated. Order information is subject to automatic processing by COMPANY for the purposes of managing Customer’s account.
4.2. Fees and Payment. Customer is responsible for all fees applicable to the Services, including any one-time implementation fees (“Fees”).
4.3. Additional Services. Customer may order additional Services at any time. Unless otherwise agreed in the applicable Order, any additional Services ordered by Customer following the Effective Date are subject to these Terms and Conditions, and shall be coterminous with the Terms and Conditions for existing Services.
4.4. Late Payments. COMPANY reserves the right, in its discretion, to (i) suspend or terminate the Services or any portion thereof for non-payment of undisputed Fees, and (ii) impose a charge to restore archived data from delinquent accounts. Customer agrees to reimburse COMPANY for all reasonable costs and expenses incurred in collecting delinquent amounts.
4.5. Taxes and Withholding. Customer shall be responsible for all applicable taxes (including but not limited to withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), tariffs, Universal Services Fund (USF) fees (if applicable to the Audio Services only) and/or duties) (collectively, “Taxes”) imposed by any government entity or collecting agency based on the Services, except those Taxes based on COMPANY net income, and/or those Taxes for which Customer has provided a certificate confirming Customer is otherwise exempt. If Customer fails to satisfy its Tax obligations herein, Customer agrees to reimburse COMPANY for any Taxes paid on Customer’s behalf and indemnify and hold COMPANY harmless against any claim, liability and/or penalties resulting therefrom.
5. CUSTOMER CONTENT / CUSTOMER ACCOUNTS / CONDUCT
5.1. Customer Content. Customer retains all rights to any and all of its Customer Content and COMPANY shall not own or license any data, content, information or material in such Customer Content. Each party shall apply reasonable technical, organizational and administrative security measures to keep Customer Content protected in accordance with industry standards, and Customer shall retain a current copy of Customer Content outside the Services. COMPANY will not monitor Customer’s or its user’s use of the Services, and COMPANY will not view, access or process any Customer Content, except: (i) for the sole purpose of providing the Services, (ii) as directed or instructed by Customer and its users, and/or (iii) for compliance with COMPANY policies, applicable law, regulation, or governmental request. Customer shall comply with all intellectual property laws related to the Customer Content and legal duties applicable to Customer as a data controller by virtue of the submission or storage of Customer Content within the Services, including providing all information or notices Customer is required by law to provide to users and obtain consent of the users, where required.
5.2. Customer Accounts. Customer is solely responsible for (i) the configuration of Customer’s Services account, (ii) the operation, performance and security of Customer’s equipment, networks and other computing resources used to connect to the Services, (iii) ensuring all users exit or log off from the Services at the end of each session, (iv) maintaining the confidentiality of Customer’s accounts, user id’s, conference codes, passwords and personal identification numbers used in conjunction with the Services, and (v) all uses of the Services by Customer and its users. COMPANY reserves the right to suspend the Services or terminate its agreement with Customer if Customer misuses or otherwise shares login information among users. Customer will notify COMPANY immediately of any unauthorized use of its account or any other breach of security. COMPANY will not be liable for any loss that Customer may incur as a result of a third party using its password or account, and Customer may be held liable for any such losses incurred by COMPANY and/or another party. COMPANY reserves the right to review Customer’s account to confirm compliance with applicable Use Levels, and to terminate or suspend Customer’s access for overuse and/or misuse. Customer agrees to pay for any overage in excess of permitted Use Levels.
5.3. We reserve the right to discontinue or modify without notice or liability, any portion of the Website.
5.4. You affirm, represent, and warrant that your participation on the Website and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
5.5. You understand and agree to not place an unreasonable burden on the server hosting the Website, Services, or any related membership site, to not interfere with the running of the Website and to not attempt unauthorized access to any portion of the Website.
5.6. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
5.7. You agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
7. THIRD PARTY REFERENCES / HYPERLINKS The Website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
8. CONTACTING US If you need to contact us, you can email us at firstname.lastname@example.org 9. COMPLIANCE WITH LAWS In connection with the performance, access and use of the Services under these Terms and Conditions, COMPANY and Customer agrees to comply with all applicable laws, rules and regulations including, but not limited to, export and import, data protection, and privacy laws and regulations. Specifically, Customer shall provide the relevant persons and/or participants with all information or notices Customer is required by applicable privacy and data protection laws to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required. Notwithstanding any other provision in these Terms and Conditions, COMPANY shall have the right to immediately terminate its agreement with Customer for noncompliance with applicable laws.
10. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration levied in connection with the Website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
12. INDEMNIFICATION Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of the Website or Services.
13. ADDITIONAL TERMS
13.1. Services Trial. COMPANY may make the Services available to Customer on a trial basis or offer promotional versions of the Services for a limited period of time (“Trial Period”), as specified on the applicable Order. The Trial Period shall terminate (i) at the end of the stated Trial Period, or (ii) if no such date is specified, thirty (30) days from the date of Customer’s initial access to the Services. Following expiration of the Trial Period, the Services may automatically continue unless cancelled by Customer, and Customer is responsible for payment of the applicable Fees set forth in the Order. During the Trial Period, COMPANY provides the Services “AS IS” and without warranty or indemnity, to the extent permitted by law, and all other terms of these Terms and Conditions otherwise apply. COMPANY reserves the right to modify or discontinue any trials or promotions at any time without notice.
13.2. Copyright. In the event Customer believes that the Services have been used in a manner that constitutes copyright infringement, Customer shall notify COMPANY at email@example.com, and provide all of the following information, as required by the Digital Millennium Copyright Act (“DMCA”): (i) a statement that Customer has identified content in the Services that infringes a copyright of a third party for whom Customer is authorized to act; (ii) a description of the copyrighted work Customer claims has been infringed; (iii) a specific description of where the allegedly infringing material is located in the Services, including a URL or exact description of the content’s location; (iv) Customer’s name, address, telephone number, and e-mail address; (v) a statement that Customer has a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); (vi) a statement that, under penalty of perjury, the information in Customer’s notice is accurate and that Customer is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and(vii) Customer’s electronic or scanned physical signature. COMPANY reserves the right to delete or disable allegedly infringing content, to terminate the accounts of users who are repeat infringers, and to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
13.4. Suspension of Service. COMPANY may temporarily suspend the Services if COMPANY determines, in its sole discretion, that continued provision would compromise the security of the Services due to, without limitation, hacking attempts, denial of service attacks, mail bombs or other malicious activities, and COMPANY will take action to promptly resolve any such security issues. COMPANY agrees to notify Customer of any such suspension and subsequent reactivation of the Services.
13.5. Assignment. Neither party may assign its rights or delegate its duties under these Terms and Conditions either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign these Terms and Conditions as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without such consent shall be void. These Terms and Conditions will bind and inure to the benefit of each party’s successors or assigns.
13.6. Notices. All legal notices required under these Terms and Conditions shall be in writing and delivered in person or by certified or registered express mail to the address last designated on the account for Customer, and the COMPANY contracting entity as specified below, or such other address as either party may specify by notice to the other party as provided herein. Notice shall be deemed given (i) upon personal delivery; (ii) if delivered by air courier or email, upon confirmation of receipt; or (iii)five (5) days after deposit in the mail. Non-legal notices may be provided to the email address specified on the applicable Order and shall be deemed effective on the next business day following the date and time stamp on the sender’s email. COMPANY may also provide Customer with notice postings on the COMPANY Website.
13.7. Entire Agreement; Order of Precedence. These Terms and Conditions set forth the entire agreement and understanding of the parties relating to the Services and supersedes all prior and contemporaneous oral and written agreements. For any conflict between an executed Order, these Terms and Conditions and the Service Descriptions, the conflict shall be resolved in that order, but only for the specific Services described in the applicable Order. For any conflict between these Terms and Conditions and any BAA, these Terms and Conditions shall control. Nothing contained in any document submitted by Customer shall in any way add to or otherwise modify these Terms and Conditions or COMPANY’s program terms. These Terms and Conditions may be updated by COMPANY from time to time without notice (but will be identified by the last updated date) and may be reviewed at Terms of Service. Customer’s continued access to and use of the Service constitutes acceptance of the then-current Terms and Conditions.
13.8. General Terms. Captions and headings are used herein for convenience only, are not a part of these Terms and Conditions, and shall not be used in interpreting or construing these Terms and Conditions. If any provision of these Terms and Conditions is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and Conditions and the other provisions shall remain in full force and effect. The parties are independent contractors and nothing in these Terms and Conditions creates a partnership, franchise, joint venture, agency, fiduciary or employment relationship between or among the parties. No person or entity not a party to these Terms and Conditions will be deemed to be a third party beneficiary of these Terms and Conditions or any provision hereof. COMPANY authorized resellers and distributors do not have the right to make modifications to these Terms and Conditions or to make any additional representations, commitments, or warranties binding on COMPANY. No waiver or amendment of any term or condition of these Terms and Conditions shall be valid or binding on any party unless agreed to in writing by COMPANY or Customer. COMPANY failure to enforce any term of these Terms and Conditions will not be construed as a waiver of the right to enforce any such terms in the future. Unless otherwise specified, remedies are cumulative. These Terms and Conditions may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay, interruption or other failure to perform under these Terms and Conditions due to force majeure events and acts beyond a party’s reasonable control, but only for so long as such conditions persist. Force majeure events may include: natural disasters; wars; terrorist activities, activities of local exchange carriers, telephone carriers, wireless carriers, and Internet service providers, labor disputes; and acts of government.
14. SEVERABILITY AND INTEGRATION Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and COMPANY with respect to the Website and supersedes all prior or contemporaneous communications between you and COMPANY with respect to the Website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
15. GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wyoming. You hereby consent to binding arbitration in the State of Wyoming to resolve any disputes arising under this Terms and Conditions.
16. ARBITRATION OF DISPUTES (a) The parties agree that any dispute or claim in law or equity arising between them regarding the use of the Website or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Wyoming. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Wyoming. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THE WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THE WEBSITE.
17. CLASS ACTION WAIVER ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Please be advised that the purchase of Knowit Owl NFTs from Knowit Owlz LLC should not be considered as an investment or financial product. Our NFTs are collectible digital assets that are designed to be unique and valuable in their own right. While the price of our NFTs may fluctuate over time, there is no guarantee that you will be able to sell them for a profit or recoup your initial investment. By purchasing our NFTs, you acknowledge and agree that you are not purchasing an investment or security and that you should not expect any financial gain or profit from the purchase. Knowit Owlz LLC is not responsible for any losses that may be incurred as a result of the purchase of our NFTs. We recommend that you carefully consider the risks associated with the purchase of NFTs and seek independent professional advice if necessary. Please be aware that the information provided in this disclaimer is not intended to be construed as legal or financial advice. The content of this disclaimer is subject to change without notice.By accessing or using any of our products or services (including but not limited to the Owlcademy course, Knowlan Artificial Intelligence avatar, or any coaching services provided by Knowit Owlz LLC), you agree that you are solely responsible for any investment decisions you make based on the information provided to you. You acknowledge that Knowit Owlz LLC does not provide financial advice and any information provided to you should not be considered as such. You agree to hold Knowit Owlz LLC and its affiliates harmless from any losses, damages, or expenses that may arise from your use of our products or services. You also acknowledge that the use of our products or services does not guarantee any financial gain and that past performance is not indicative of future results. Knowit Owlz LLC reserves the right to modify or terminate any of our products or services at any time. We also reserve the right to modify these terms and conditions without prior notice. By continuing to use our products or services, you agree to be bound by the most current version of these terms and conditions. If you do not agree to these terms and conditions, you should not access or use any of our products or services.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.