Welcome to the Knack website, operated by Knack, Inc. (“Knack”) and located at www.knackbags.com (the "Site"). The following terms and conditions (“Terms”) govern your use of the Site.
In order to access certain Services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Knack will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Knack or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
- General Restrictions on Use
You will not (and will not attempt to):
- Access any of the Services by any means other than through the Site;
- Gain unauthorized access to Knack’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Knack’s networks or computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including, without limitation, use of scripts or web crawlers);
- Access or collect any personally identifiable information of other users, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, resell, or otherwise use any portion of the Services or the Site Content except as set forth in these Terms; and
- Reproduce, duplicate, copy, sell, trade or resell any products or Services bearing any Knack Trademarks (as defined below) without Knack’s express consent.
- You will not use the Services, any tools provided by the Services, or any Site Content for any commercial purposes without our consent.
- You will not promote or advertise products or services other than your own without appropriate authorization from third parties.
- You will not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
- You will not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right or bullies, harasses, intimidates, defames, spams or solicits other users of the Services.
- You will not use the Services to publish or share materials or content that are unlawfully pornographic or indecent, or that contain acts of violence.
Knack owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, graphics, page headers, scripts, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. All common law and/or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used in the United States or worldwide are proprietary to Knack (the “Knack Trademarks”). All other trademarks, product names, and company names or logos used or appearing on the Site are the property of their respective owners. You agree that you will not use Knack Trademarks in any manner that might tarnish, disparage, or reflect adversely on Knack. You agree that you will not use any Knack Trademarks or any variant of the Knack Trademarks including misspellings, as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
Certain features of the Site may allow you create, upload, post, send, receive, or make available content to the Site, including, without limitation,, images, videos, audio files, ideas, concepts, chat messages, information or other materials while using the Site or, when you access the Site through Knack’s social media channels, or from your social media profiles, for access, use, viewing, and commentary by other users of the Site (collectively, “User Content”). You represent that you have the full legal right to provide the User Content and that use of the User Content by Knack on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; (d) publish falsehoods or misrepresentations that could damage Knack or any third party; or (e) be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Upon your submission of User Content or other material or information to Knack, you grant us, and our affiliates, agents, third party partners, and assignees a worldwide, non-exclusive, sublicensable, transferable, assignable, royalty-free and irrevocable license in perpetuity to host, display, transmit, distribute, publicly perform, reproduce, modify, edit, translate, copy, create derivative works from, store, sell, promote, sublicense and otherwise use your User Content in any and all manner and media, whether now known or hereafter devised, for any purpose whatsoever, commercial or otherwise. You also release all moral rights and similar rights in and to your User Content. You further perpetually and irrevocably grant Knack the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind. You waive all rights and release Knack from any claim for defamation, invasion of right to privacy, infringement of rights of publicity or any similar matter, based upon or relating to the use of any User Content. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights, waivers or authorizations to allow Knack’s use of such User Content in accordance with such license.
- Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, while we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove User Content , Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, for any reason, with or without notice or liability to you or any other party.
- Disclaimers and Warranties
Knack reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Knack is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colors of our products that appear at the Site, but we cannot guarantee that your computer monitor's display of any color will be accurate.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE KNACK ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, SITE CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE SECURE, TIMELY OR ACCURATE.
KNACK TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH KNACK WILL BE RESPONSIBLE FOR.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
- Limitation of Liability
KNACK DOES NOT ENDORSE CONTENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, KNACK AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF KNACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KNACK'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $10 USD.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KNACK’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY KNACK, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY KNACK. The limitations on Knack’s liability to you in this Section 7 shall apply whether or not Knack has been advised of or should have been aware of the possibility of any such losses arising.
- Links To Other Sites
- Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Knack by email at email@example.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Dispute Resolution
Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York. The arbitrator shall not be bound by rulings in prior arbitrations involving different Knack users, but is bound by rulings in prior arbitrations involving the same Knack user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Knack will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Knack should be submitted by mail to the AAA along with your demand for arbitration and Knack will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Knack will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Knack for all fees associated with the arbitration paid by Knack on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
YOU AND KNACK WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Knack are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Knack over whether to vacate or enforce an arbitration award, YOU AND KNACK WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Knack account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
Limitation of Liability, Disclaimer, Indemnity, Arbitration Sections will survive termination of the Terms.
The Site is controlled and operated from within the United States. Without limiting anything else, Knack makes no representation that the Site, Site Content, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
Last Updated: 9/2/2018