TERMS OF USE
The following terms and conditions (“Terms of Use”) govern all use of the Hacknowledge.com and Hacknowledge.ch websites and all product, services, and content available at or through the websites (taken together, the Website). Hacknowledge.com and Hacknowledge.ch are owned and operated by Hacknowledge LLC and Hacknowledge, SA (“Hacknowledge”), respectively.  By accessing or using this website, you acknowledge that you have read, understood, and agree to these Terms of Use.  You should review these Terms of Use regularly as they may be modified and/or supplemented from time to time at our sole discretion. If you do not agree to these terms, please do not access or use this website.  All other operating rules, policies (including, without limitation, Hacknowledge’s Privacy Policy) and procedures that may be published from time to time on this Site by Hacknowledge (collectively, the “Agreement”).  Hacknowledge may also make improvements or changes in the products, services, or content described in this website at any time without notice.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website.

Disclaimer of Warranties. The Website is provided “as is”. Hacknowledge hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  We do not warrant or guarantee that the information on this Site is accurate, current, or complete.  This Site may contain technical inaccuracies or typographical errors. We assume no responsibility for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. We do not guarantee that your access to our site will be free from interruptions, errors, or harmful components.  Accordingly, we do not assume any liability for these matters.  You must confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.

Links to third-party sites. This Site may provide links or pointers to third-party Web sites and resources. The content in any linked websites is not under our control.  Hacknowledge is not responsible for the content, including any further links in a third party site.  Hacknowledge makes no representations, warranties, or other commitments whatsoever about any non-Hacknowledge Web sites or third-party resources that may be referenced, accessible from, or linked to any Hacknowledge site.  You acknowledge and agree that Hacknowledge is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness and accuracy or other materials on, or available from, such web sites.

Confidential Information.  We do not want to receive confidential or proprietary information from you through our Site. Any information or material sent to us will be deemed NOT to be confidential and we shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever.  The sender of any information is fully responsible for its content, including its truthfulness, accuracy, and its non-infringement of any other person, organization, or entity’s proprietary rights. Personal data provided to us will be handled in accordance with our Privacy Policy.

Trademarks. The trademarks, service marks, trade names and logos used and displayed on our Site are our registered and unregistered trademarks.  The name “Hacknowledge” or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission.

Copyright. All content included on this Site, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of Hacknowledge or its affiliates, and is protected by United States and international copyright laws.  You may not utilize any trademark, logo, or other proprietary information (including images, text, page layout or form) without our prior express written permission.

Limitation of Liability. In no event will Hacknowledge, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data;  Hacknowledge shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.  The limitations on Hacknowledge’s liability to you shall apply whether or not you have been advised of or should have been aware of the possibility of any such losses arising.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Hacknowledge Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Hacknowledge, its affiliates, and its licensors, and any of our or their respective directors, officers, owners, employees and agents from and against any and all claims, liability, and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Hacknowledge and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hacknowledge, or by the posting by Hacknowledge of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hacknowledge may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.