Terms of Service
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the knowledgeadvances.org website (“Website”), “Advance” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Knowledge Advances Inc. (“Knowledge Advances”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Knowledge Advances Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Services.
AGE REQUIREMENT
You must be at least 12 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 12 years of age.
LINKS TO OTHER RESOURCES
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
We value our users' trust in our Services. We hope users use our Services with integrity. Except with our written consent, you shall not:
-Commercially exploit the Mobile Application or Services;
-Disrupt others’ experiences on the Mobile Application or Website;
-Engage in any act that Knowledge Advances deems to be in conflict with the spirit or intent of the Services;
-Use or distribute our Mobile Application for your own scientific or clinical research purposes;
-Breach the functioning of the Mobile Application, Website, or Knowledge Advances Inc;
-Attempt to gain unauthorized access to Knowledge Advances’ Website, email, or to the computers, servers or networks connected to Knowledge Advances;
-Engage in behaviors that threaten, stalk, harm, or harass others, group, or Knowledge Advances affiliated people; or engage in any activity related to Knowledge Advances, Mobile App, Website, and the Services that is fraudulent, abusive, defamatory, unlawful, or otherwise inappropriate.
Breaching these terms might lead to legal consequences.
DISCLAIMER OF WARRANTY
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. Users are urged to double-check and validate any information from the Services or other resources links or websites before relying on it.
The goal of the Services is to educate users, potentially leading to improved decision-making. However, outcomes can't be guaranteed. The Services provide varied information, but isn't a replacement for professional advice, especially during severe stress or mental health challenges. If you or someone you know is facing significant stress or related concerns, we strongly recommend seeking the guidance of a qualified health professional immediately.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will Knowledge Advances Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Knowledge Advances Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Knowledge Advances Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of these disclaimers and limitations may not apply to you. To the extent that Knowledge Advances may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Knowledge Advances’ liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Use shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Knowledge Advances.
JURISDICTION AND APPLICABLE LAW
Except where law dictates otherwise, these Terms and any Service usage will be governed by US law. If the Terms of Use are not enforceable where you are located, you may not use the Advance app.
WAIVER
For California residents: you hereby waive California Civil Code §1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This release includes the criminal acts of others.
INDEMNIFICATION
You agree to indemnify and hold Knowledge Advances Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification within the Services. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
USER FEEDBACK
We greatly appreciate your feedback, comments, questions, or suggestions, including ideas for new questions. When you share Feedback with us, you:
(a) Affirm and guarantee you have the right to do so.
(b) Confirm that your Feedback doesn't infringe on the rights of others.
(c) Assure us that your Feedback doesn't contain confidential or proprietary information from any third parties.
You also acknowledge we're not obligated, either expressly or impliedly, to treat your Feedback as confidential. Furthermore, by providing Feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute your Feedback in any manner.
If you resonate with the mission of the Advance App and Knowledge Advances and wish to support us further, please get in touch. Reach out to us at: support@knowledgeadvances.org or visit our website at knowledgeadvances.org.
CONTACTING US
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
support@knowledgeadvances.org
This document was last updated on January 14, 2024