11) WARRANTIES AND DISCLAIMER: Knowland warrants that it will provide the Services using commercially reasonable care and skill in accordance with the Service Order. KNOWLAND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, OR THE QUALITY OR UTILITY OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND SUBSCRIBER UNDERSTANDS THAT SUBSCRIBER ASSUMES ALL RISKS OF THE USE, QUALITY, AND PERFORMANCE OF THE SERVICES.
12) LIMITATION OF LIABILITY: IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) IN CONNECTION WITH THE USE OF THE SERVICES, EVEN IF A PARTY IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. KNOWLAND’S ENTIRE LIABILITY FOR ANY CLAIM RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SUBSCRIBER TO KNOWLAND FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD BEFORE THE CLAIM AROSE. THIS LIMIT APPLIES COLLECTIVELY TO KNOWLAND AND ITS LICENSORS, SUBSIDIARIES, CONTRACTORS AND SUPPLIERS.
13) COMPLIANCE WITH LAWS: Subscriber agrees not to use any information obtained through the Services for any unlawful or unauthorized purpose. Subscriber agrees to indemnify Knowland for any claims, losses or damages resulting from Subscriber’s breach of this Section 13.
14) ASSIGNMENT: Subscriber may assign this Agreement upon Knowland’s written approval, which approval will not be unreasonably withheld or delayed. If the new owner or manager chooses not to assume this contract, then the original Subscriber will be liable for an early termination fee equal to the remaining amount due for the current term of the Agreement. If Subscriber undergoes a change of control, Subscriber will continue to be bound by the terms of this Agreement.
15) KNOWLAND ACCESS: Subscriber agrees that Knowland and its employees and agents will not be denied access to Subscriber’s premises for the purpose of recording reader board data.
16) PRIVACY AND CONFIDENTIALITY: Knowland will protect the privacy of Subscriber’s personal information as described in Knowland’s privacy statement at https://www.knowland.com/privacystatement. Subscriber must not provide any confidential information to Knowland except with Knowland’s written consent.
17) NOTICE: Notice may be given by Knowland through the Services including, without limitation, via email or posting for access under “Agreement” on the home page or by mail to the last address given by Subscriber to Knowland. Notice by a Subscriber will be given to Knowland by mail to The Knowland Group Inc. 18335 Coastal Hwy, Suite C, Lewes, DE 19958. Subject to Section 7 with respect to cancellation notices, all other notices will be deemed given when posted on the Services or sent to the recipient’s e-mail address or when received if sent by facsimile or mail.
18) GENERAL: Neither party is responsible for failure to fulfill its obligations due to causes beyond its control. Knowland may amend this Agreement at any time, provided that such amendments do not lessen Subscriber’s rights. This Agreement is governed in all respects in accordance with the laws of the state of Delaware, without regard to its principles of conflicts of laws. The sole and exclusive jurisdiction and venue of any action or litigation relating to this Agreement will reside with the federal and state courts of Delaware. The provisions of Sections 3, 10, 12, 13 and this Section 18 will survive any termination of this Agreement or any specific Service Order.