Website Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY.  BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

THIS TERMS OF USE AGREEMENT IS EFFECTIVE AS OF 09/13/2013.

ACCEPTANCE OF TERMS

The following Terms of Use Agreement (the "Terms") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Knacksmith LLC , also known as Knacksmith, and our subsidiaries and affiliates, in association with the use of the Knacksmith website, which includes Knacksmith.com and any subpages, (the "Site").

PRIVACY POLICY

Every member's registration data and various other personal information are strictly protected by the Knacksmith LLC Online Privacy Policy (see the full Privacy Policy at Knacksmith.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Knacksmith LLC and/or our subsidiaries and affiliates.

CONTRIBUTIONS TO COMPANY WEBSITE

Knacksmith LLC may provide an area for our users to contribute feedback to our website and/or information into a blog or forum format. When you submit ideas, thoughts, comments, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

  • Knacksmith LLC shall not lay claim to ownership of any Contributions submitted by any visitor or user.  Therefore, you hereby grant and allow for Knacksmith LLC worldwide, royalty-free and non-exclusive licenses for the Contributions submitted or made available for inclusion on the publicly accessible areas of Knacksmith LLC 's sites.  Contributions may include but is not limited to text, photos, videos, graphics, and audio.  This license shall be available in perpetuity, unless revoked by the user in writing to Knacksmith LLC

  • Your contributions do not contain any type of confidential or proprietary information;

  •  Knacksmith shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

  •  Knacksmith shall not be liable to any party for any damages that are caused in whole or in part from your Contributions

  •  Knacksmith shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;

  •  Knacksmith is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users herein agree to insure and hold Knacksmith LLC , our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless and not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of  Knacksmith Services or your connection with these Services, your violations of the Terms of Use and/or your violation of any such rights of another person.

MODIFICATIONS

Knacksmith LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service or site, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

LINKS

Either Knacksmith LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Knacksmith LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

COPYRIGHT AND PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Knacksmith LLC 's Site, Services and any essential software that may be used in connection with our Site or Services ("Software") may contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content or information presented by and through our Site may be protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Knacksmith LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on this Site or Services, in whole or part.  The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Knacksmith's sites.

WARRANTY DISCLAIMERS

You herein expressly acknowledge and agree that the use of Site is at your sole discretion and sole risk.  Material in this website is provided “as-is”. Knacksmith LLC and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.  Warranty for products and services are described in Purchase Terms and Conditions.  No advice and/or information, despite whether written or oral, that may be obtained by you from Knacksmith LLC or by way of our Site shall create any warranty.  Any information or material downloaded or otherwise obtained by way of the Site shall be accessed at your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.

LIMITATION OF LIABILITY

You explicitly  acknowledge, understand and agree that Knacksmith LLC and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect,  incidental, special, consequential or exemplary damages related to the use of the Site or any linked sites, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even if we may have been advised of such possibility that said damages may occur.  Knacksmith LLC is not liable for any errors, omissions, or inaccuracies.

RELEASE

In the event you have a dispute, you agree to release Knacksmith LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Knacksmith LLC trademarks, copyright, trade name, service marks, and other Knacksmith LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Knacksmith LLC . You herein agree not to display and/or use in any manner the Knacksmith LLC logo or marks without obtaining Knacksmith LLC 's prior written consent.

INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Knacksmith LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Knacksmith LLC may remove the content of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, please notify us immediately at 970-222-1321 or contact@knacksmith.com.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Knacksmith LLC with regard to the Terms that the relationship between the parties shall be governed by the laws of the state of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms, or the relationship between you and Knacksmith LLC , shall be filed within the courts having jurisdiction within the State of Colorado or the U.S. District Court located in said state. You and Knacksmith LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Knacksmith LLC fail to exercise or enforce any right or provision of the Terms, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and your use of our Site, superseding any prior version of the Terms between you and us with respect to use of the Site. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Knacksmith LLC Products, Services, affiliate Services, third-party content or third-party software. 

VIOLATIONS

Please report any and all violations of these Terms promptly to Knacksmith LLC:

Telephone:  970-222-1321

Email:  contact@Knacksmith.com