Thank you for using Knot! Knot helps you connect your online merchant accounts to your favorite applications. With Knot, you are able to conveniently update your card-on-file on connected online merchant accounts and better manage your spending.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL, THAT AFFECT YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH KNOT AND ANY RELATED PARTIES. YOU MAY OPT OUT OF THE BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, AS PROVIDED BELOW IN SECTION 14.
The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and MyCard Inc., its subsidiaries, affiliates, agents and assigns (“MyCard” or “Knot”, “we”, “us”, or “our”) which sets forth the terms and conditions for your use of Knot’s functionality as embedded in other web platforms and mobile applications (the “Embedded App”), and Knot’s website, KnotAPI.com, as well as the products and services offered, operated or made available by Knot (collectively, the “Services”). The Embedded App, website, and Services are owned and operated by Knot, and are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Embedded App, KnotAPI.com, or the Services (collectively “Knot Content”), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Knot, and this Agreement governs your use of Knot Content.
Knot offers a variety of services and features collectively referred to in this Agreement as the Knot Services. You access the Knot Services by using the Embedded App, which is hosted on the web platform or mobile application of a financial services provider that has a commercial relationship with us (the “Knot Client”). The Knot Services all relate to permitting you to access and transmit data to and from certain online accounts with third-party merchants (“Merchant Accounts”) from the web platform or mobile application of a Knot Client. Depending on which Knot Client you use to access Knot Services, the exact Services available to you may differ; relevant details will be made available to you through the Embedded App.
Acceptance of Agreement
Please carefully review this Agreement before using Knot Services, or accessing any data through the Services. If you do not agree to these terms, you may not access or use the Embedded App, KnotAPI.com, or the Services.
To use Knot Services and to accept the Agreement, you must be 1) a legal resident of the United States, 2) of legal age to form a binding contract with Knot, 3) not prohibited by law from using the Knot Services.
Modification of Agreement
Knot reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on its website, KnotAPI.com. You should check this Agreement on KnotAPI.com periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of Knot Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Knot may terminate, suspend, change, or restrict access to all or any part of Knot Services without notice or liability.
Privacy Policy
Knot maintains an End User Privacy Policy and it details how we handle and protect data we obtain pursuant to this Agreement. We fully incorporate our End User Privacy Policy into this Agreement. Note that we reserve the right to update the End User Privacy Policy at our discretion, and that any changes made to our End User Privacy Policy are effective when the updates are live on KnotAPI.com.
Minimum Technology Requirements to Access Services
To access and use the Embedded App and Services, you must have a computer or mobile device with access to the Internet that is capable of connecting to the mobile application or web platform of a Knot Client in which the Embedded App is housed. You must also have sufficient storage space to install any required Knot Client mobile application if you access the Embedded App through a mobile Knot Client mobile application.
User Information Accuracy and Updates
To access Knot’s Services, you must be connected to Knot through a Knot Client. Knot works as a service provider to these Knot Clients to provide them with products and services in connection with your Knot Client account (the “Client Services”), including connections to your online accounts with certain merchants (the “Merchant Accounts”). The Client Services are governed by your agreements with the Client and the Knot Client data that Knot accesses to provide the Client Services are governed by the Knot Client’s privacy policy.
In addition, Knot uses the Embedded App to offer certain products and services for which you must explicitly authorize Knot’s collection of your data from a third-party merchant even though you access the Embedded App through the Knot Client web platform or mobile application (the “User Authorized Services”). This Terms & Conditions and Knot’s End User Privacy Policy govern your use of the User Authorized Services. Because you access the User Authorized Services through the Knot Client web platform or mobile application, you understand and agree that the Knot Client through which you connect to Knot will share sufficient personal information that allow us to appropriately authenticate your user account with Knot to facilitate your use of the User Authorized Services (“User Information”). Your use of the User Authorized Services will require you to provide Knot with access to personal data, including Merchant access credentials, for various merchants with whom you hold online accounts (“Merchant Account Data”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information, Merchant Account Data, and other information necessary to facilitate your use of the User Authorized Services.
Third-Party and Merchant User Account Information
To facilitate your use of the User Authorized Services, you direct Knot as your agent to access and collect your personal and activity-related information maintained in your Merchant Accounts (“Merchant Account Data”). This data may include your Merchant Account access credentials, contact information, and Merchant Account activity.
We will use this information to provide you with the Services you request and for our own internal business purposes, including to develop new products and services. By using the Services, you authorize Knot to access this information maintained by Merchants, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By consenting to this Agreement, you are also agreeing that you are responsible for providing your Merchant authentication details to us so we can retrieve this Merchant Account Data, and for keeping those credentials up to date in the Embedded App. Knot does not review the Merchant Account Data for accuracy, legality or non-infringement, and Knot is not responsible for the accuracy of your Merchant Account Data or products and services offered by or on third-party sites.
You acknowledge that any Merchant Account Data that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
By using Knot’s Services, you understand, agree, and request that Knot access your Merchant Account Data on your behalf as your agent in order to (1) facilitate your use of the above-described User Authorized Services; (2) improve and enhance the User Authorized Services; and (3) research and develop new Knot products and services.
Third-party trademarks, service marks, graphics and logos used in connection with the Services are the intellectual property of their respective owners and are used for identification purposes only. Use of these names, trademarks and logos does not imply a relationship with Knot.
Limitations of Use
You agree to use the Services only for lawful purposes. You are prohibited from any use of the Services that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to unauthorized entry into Knot’s systems, misuse of passwords, or misuse of any information posted on or through the Services is strictly prohibited. Knot makes no claims concerning whether use of the Services is appropriate outside of the United States. If you access the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher the Embedded App, KnotAPI.com or the Services or software making up the Embedded App, KnotAPI.com and Services, 2) navigate or search the Embedded App, KnotAPI.com or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than KnotAPI’s provided interface to access the Embedded App, KnotAPI.com or the Services, 4) use the Embedded App, KnotAPI.com or the Services in a way that could impair, overburden, damage, or disable any portion of the Embedded App, KnotAPI.com or Services, or 5) mirror any material contained on the Embedded App, KnotAPI.com or the Services.
Knot reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Knot also reserves the right to take action to protect Knot, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the Embedded App, KnotAPI.com or the Services, 3) suspending or terminating your ability to use the Embedded App, KnotAPI.com or the Services on an ongoing basis, 4) taking legal action against you, 5) holding you liable for the amount of Knot’s damages caused by your violation of this Agreement.
Trademarks and Intellectual Property Rights
The Embedded App, KnotAPI.com and the Services (collectively, “Knot Content”) are owned and operated by Knot. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof including the technology relating to any of the foregoing and any content created or derived therefrom (collectively, the “Knot Materials”) are owned exclusively by Knot or the licensors or suppliers or partners of Knot and are protected by U.S. copyright, trade dress, trade secret, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing in the Knot Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Knot Materials displayed in the Knot Content, without our prior written permission in each instance. You may not use, copy, display, distribute, imitate, modify or reproduce any of Knot Materials found in Knot Content unless in accordance with written authorization by us. Knot prohibits use of any of the Knot Materials as part of a link to or from Knot Content unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Knot Materials, or whether any mark or logo is a Knot Material, should be referred to Knot. All rights related to the Knot Materials are hereby reserved.
You agree that the Knot Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Knot. You acknowledge that the Knot Materials are and shall remain the property of Knot. You may not modify, participate in the sale or transfer of, or create derivative works based on any Knot Materials, in whole or in part.
The registered and unregistered trademarks, service marks and logos used and displayed on Knot Content are trademarks of Knot (the “Trademarks”). Other trademarks, service marks and trade names may be owned by others. Nothing on Knot Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Knot intellectual property displayed, contained or included in, or otherwise a part of or derived from, any Knot Content. The names “Knot”, “ExtraCash”, “Knot Goals”, “Knot Spending” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on Knot Content, without prior written permission from Knot.
Termination
Knot may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Services at any time, with or without cause, in Knot’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Services.
Knot further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Embedded App, KnotAPI.com or Services at any time with or without notice.
Disclaimer of Warranties
THE EMBEDDED APP, KNOTAPI.COM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KNOT AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING KNOT CLIENTS, PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “KNOT PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE
EMBEDDED APP, KNOTAPI.COM OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EMBEDDED APP, KNOTAPI.COM OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “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.”
THE KNOT PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE EMBEDDED APP, KNOTAPI.COM, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE KNOT PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE EMBEDDED APP, KNOTAPI.COM OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
Limitation of Liability
THE KNOT PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE EMBEDDED APP, KNOTAPI.COM OR THE SERVICES, THE KNOT MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE EMBEDDED APP, KNOTAPI.COM OR THE SERVICES, EVEN IF KNOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE KNOT PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE EMBEDDED APP, KNOTAPI.COM OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE EMBEDDED APP, KNOTAPI.COM OR THE SERVICES. IN NO EVENT WILL THE KNOT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $200 (TWO HUNDRED UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EMBEDDED APP, KNOTAPI.COM OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Knot Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Embedded App, KnotAPI.com or the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Knot reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Knot.
Dispute Resolution of Binding Arbitration
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 14 BELOW.
14.1 Election to Arbitrate.
You and Knot agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 14 (the “Arbitration Provision”), unless you opt out as provided in Section 14.3 below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 14.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
14.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
14.3 Opt-Out of Arbitration Provision.
You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to support@KnotAPI.com, within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
14.4 Informal Dispute Resolution.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will engage in the following informal dispute resolution procedure:
- Send us a written notice to MyCard Inc. DBA Knot API Attention: Legal, 36 W 20th St, Floor 4, New York, NY 10011 (with a courtesy copy to legalnotices@KnotAPI.com) describing the dispute and including all relevant facts so we know how to help you.
- Within 7 business days after our receipt of your notice, we will reach out to discuss your dispute with you.
- If we can’t resolve your dispute during our discussion, you will send us a written proposal for resolving your dispute.
- Within 15 business days after our receipt of your written proposal, we will let you know whether we agree to your proposal, or we will provide you a counter-proposal.
If this procedure completes without reaching an agreed resolution, you can continue to negotiate with us to resolve your dispute, or you can file a claim in arbitration.
Throughout this informal dispute resolution procedure, both you and Knot agree to negotiate in good faith and according to the terms of this section to resolve the dispute before resorting to litigation or some other form of dispute resolution procedure. All negotiations (including your notice, our discussions, and proposals) pursuant to this section are confidential and treated as compromise and settlement negotiations for the purposes of federal and state rules of evidence and procedure.
14.5 Arbitration Procedures.
The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at American Arbitration Association | ADR.org or by writing to American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
14.6 Arbitration Fees.
If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
14.7 Appeals
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
14.8 No Class Actions
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 14.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 14.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
14.9 Survival and Severability of Arbitration Provision
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 14.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 14.8 are finally adjudicated pursuant to the last sentence of Section 14.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
14.10 Judicial Forum for Claims.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Knot agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York, New York. Both you and Knot consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
14.11 WAIVER OF RIGHT TO LITIGATE
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Governing Law and Venue
Except for Section 14 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of New York, without regard to conflict-of-law rules.
Severability
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
Waiver
You agree that if Knot does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Knot has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
General Provisions
This Agreement is the entire understanding and agreement between you and Knot. This Agreement supersedes any previous Terms & Conditions agreement or other agreement to which you and Knot may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Contacting Us
If you have questions regarding the Agreement or the practices of Knot, please contact us by email at support@knotapi.com, or by regular mail MyCard Inc. DBA Knot, Attention: Legal, 36 W 20th St, Floor 4, New York, NY 10011.