Agreement of Terms

Welcome to KnowledgeCity’s web site (the "Site"). This Agreement ("Agreement") contains the terms and conditions ("Terms and Conditions") upon which You ("You," or the "Member") may access KnowledgeCity.com or any Products through the Site. You agree to be legally bound by these terms.

This Agreement is made between You and KnowledgeCity, the provider of DVD training products including, but not limited to, the membership based Products such as site membership. All Products as well as all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") are subject to the following Terms and Conditions.

BY SUBMITTING YOUR ORDER, YOU ACKNOWLEDGE RECEIPT OF OUR TERMS AND CONDITIONS AND OUR PRIVACY POLICY AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR USE THIS SITE, THE PRODUCTS OR ANY OF THE INFORMATION OR CONTENT WITHIN THE PRODUCTS. YOUR ACCESS TO AND USE OF THIS SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.

KnowledgeCity maintains the Site to provide You with information about our memberships, Products and Services and to facilitate communication with us. From time to time we may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated.

To enroll in a monthly educational site You agree to be bound by these Terms and Conditions. In other limited circumstances, You may need to provide a valid telephone number so that KnowledgeCity can process Your order. You must provide valid credit card information. We will then evaluate Your complete registration information. We are not able to accept and process joint registration for a married couple.

Note to online customers: These Terms and Conditions may be updated from time to time. Please check this site regularly for updates to these Terms and Conditions.

Arbitration

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND KNOWLEDGECITY, AND ITS AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

Intellectual Property Rights

The Content used and displayed on the Site are the sole property of KnowledgeCity or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, KnowledgeCity owns tradedress, copyright and/or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Site for Your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of KnowledgeCity or the owner of the Content.

Limitation of Liability

OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER KNOWLEDGECITY NOR ITS AFFILIATES OR SUPPLIERS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, KNOWLEDGECITY AND ITS AFFILIATES AND SUPPLIERS, DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIP, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER KNOWLEDGECITY NOR ITS AFFILIATES OR SUPPLIERS, HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIP, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE ABOVE, IF LIABILITY IS IMPOSED UPON KNOWLEDGECITY, THEN YOU AGREE THAT KNOWLEDGECITYS TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM KNOWLEDGECITYS ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO KNOWLEDGECITY FOR THE PRODUCT(S) YOU PURCHASE FROM KNOWLEDGECITY.

Our Privacy Policy

By using our Site, becoming a member of one of our membership programs, or purchasing any of our Products or services, You agree that we may use and share Your personal information in accordance with the terms of our Privacy Policy. In the event You indicate that You would like to receive offers from MNI and/or its partners, affiliates and non-affiliates, Your information may be used to provide relevant offers, advertisements and marketing to You. Our Privacy Policy can be accessed by clicking on the "privacy" link on KnowledgeCity.com or from the FAQs.

Online Specifications for Use

You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive Products online.

KnowledgeCity is not responsible for any overdraft/over-the-limit charges or bank fees if Your account contains insufficient funds when Your order is processed and billed. We recommend using a credit card rather than a debit card. Canceling too close to end of trial or renewal date may cause a processing delay and a charge to Your account. If You are eligible for a refund, refunds can take 7-10 business days to be processed.

Product-Specific Terms and Conditions

The terms explained below are product specific and apply to the particular product indicated in addition to the Terms and Conditions listed above. Note: If You have not ordered a specific product listed below, then the related terms and conditions may not apply.

DVD Return Policy

You may return your Training DVD within 30 days and receive a full refund minus S&P. The bonus DVD and free trial access to KnowledgeCity.com’s online library is yours to keep FREE.

Site Cancellation Policy

You will be given a period of time, as set forth on the Site at the time of completing Your order, in which to cancel Your service. To contact our Customer Service Team regarding Your free trial or membership, please go to our Contact Page or send an email to info@knowledgecity.com.

Free Trial Period

By ordering a training DVD, you will automatically be enrolled in a free trial period of KnowledgeCity.com. Following the free trial period, you will then be billed at the then prevailing rate on a monthly basis, to continue your membership to the site. You may cancel Your KnowledgeCity.com site membership at any time during the trial period without charge. If You wish to continue Your membership to KnowledgeCity.com beyond the trial period, do nothing and Your membership will automatically continue without interruption. The monthly fee (plus sales tax, if applicable) will be charged to Your credit card account at the conclusion of the trial period and Your membership will continue automatically, billable monthly at the prevailing rate. When You become a member entitled to KnowledgeCity.com, You understand that it is a membership that automatically renews itself every month indefinitely without action by the member on the monthly anniversary date of Your initial purchase.

Your membership to KnowledgeCity.com is effective for the period covered by Your membership fee and continues upon Your payment of the monthly/annual renewal fee. Renewal fees for Your membership will automatically be charged, at the then current rate (that was most recently used on the Site), to the credit card or other billing source authorized by You, until You cancel Your membership. You will be asked for valid credit card information when You sign up for the credit monitoring trial. MNI will verify Your credit card information before processing Your order. An authorization will be performed on Your credit card, to make sure it is valid and in good standing, but KnowledgeCity will not bill Your card for the membership to the site until the free trial period has passed. Should Your credit card fail to authorize, KnowledgeCity reserves the right to cancel or suspend the benefits of Your membership until payment is received.

A member may cancel at any time. Should You decide to cancel Your subscription, a Customer Service representative can arrange for all future renewal fees to be cancelled. However, please note that it is our policy to give neither full nor pro-rated refunds for the current month or any preceding months. The only exception is if contacted within the first two days of your initial billing, KnowledgeCity may elect to issue a refund.

The free trial is available one time only per customer in any period (determined by KnowledgeCity and subject to change) beginning with the date of the order. Once the free trial has been cancelled all subsequent orders will be billable at the prevailing monthly subscription rate. KnowledgeCity reserves the right to change the membership fee for any renewal term to be effective upon the renewal of Your membership.

To cancel Your membership please contact our Customer Service Team. For contact information go to http://www.knowledgecity.com/contact8.html.

Membership

When You become a member entitled to KnowledgeCity, You understand that it is a membership that automatically renews itself indefinitely. KnowledgeCity will charge the membership fee to the credit card or bank account that was last used on the Site, at the then prevailing rate, and Your membership will continue automatically.

An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the membership is cancelled by the enrolled member. Consent to fulfill the benefits of subscription Products shall be valid unless or until cancelled. Upon cancellation, the member loses access to the areas of the Site designated for members only. To cancel Your membership please contact our Customer Service Team. For contact information and hours of service go to http://www.knowledgecity.com/contact8.html.

Term and Termination; Modification

This Agreement will take effect at the time You submit your order to KnowledgeCity and shall terminate (a) when the member cancels his/her membership by contacting KnowledgeCity via the toll-free number set forth on the web site for cancellations; or (b) upon termination of membership by KnowledgeCity or You for any reason whatsoever.

KnowledgeCity may: (i) change the terms of this Agreement or the feature of the membership Products, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. You will be provided with notice of any such changes when KnowledgeCity posts notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If You access and/or use the Site and/or Your membership after KnowledgeCity has posted a change in the Agreement, You agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification. KnowledgeCity may, at its sole discretion, modify or discontinue any of the Products or Content or a portion thereof, with or without notice. You agree that KnowledgeCity will not be liable to You or any third party for any modification or discontinuance of any of the Products or Content.

Notices

You should send any notices or other communications regarding our Site, Your membership, Products or services to KnowledgeCity, 2173 Salk Avenue, Suite 250, Carlsbad, California 92008.

Except as otherwise provided, we may send any notices to You to the most recent e-mail address You have provided to us or, if You have not provided an e-mail address, to any e-mail or postal address that we believe is Your address. If You wish to update Your registration information, please log in to Your account and visit the 'My Account' section from the main menu.

Applicable Law

This Agreement shall be interpreted and construed in accordance with the laws of the State of California, USA, and applicable federal law, without regard to any conflict of law provisions. Those who choose to access this Site, or become a member in one of our membership programs, from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising out of or related to this Agreement or out of KnowledgeCity’s provision of services to You, pursuant to this membership or otherwise, if submitted to a court of law shall be submitted to the state and federal courts of San Diego County, California, USA.

Miscellaneous Provisions

This Agreement constitutes the entire agreement between the parties here to pertaining to the subject matter hereof, and any and all written or oral agreements heretofore are superseded by this Agreement.

If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.

You represent that You have read this Agreement and KnowledgeCity’s Privacy Policy, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing You access to and use of the Site and Your membership, KnowledgeCity has relied on Your agreement to be bound by the terms of this Agreement.

Site Map