Effective Date: May 7, 2023

The following terms and conditions govern all use of The Knotty Trotter website and all content, services, and products available at or through the website (referred to as the “Website”). The Website is owned and operated by The Knotty Trotter (“The Knotty Trotter”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The Knotty Trotter’s Privacy Policy), and procedures that may be published from time to time on this Site by The Knotty Trotter (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Knotty Trotter, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Responsibility of Website Visitors. The Knotty Trotter has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for the content, use, or effects of that material. By operating the Website, The Knotty Trotter does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain offensive, indecent, or objectionable content, as well as content that may contain technical inaccuracies, typographical mistakes, and other errors. The Website may also include material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional stated or unstated terms and conditions. The Knotty Trotter disclaims any responsibility for any harm resulting from visitors’ use of the Website or their downloading of content posted there.
2. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages linked to by The Knotty Trotter, as well as those that link to The Knotty Trotter. The Knotty Trotter lacks control over these external websites and webpages and assumes no responsibility for their content or use. By providing links to non-The Knotty Trotter websites or webpages, The Knotty Trotter does not imply or endorse their content. It is your responsibility to take necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Knotty Trotter disclaims any responsibility for any harm resulting from your use of non-The Knotty Trotter websites and webpages.
3. Copyright Infringement and DMCA Policy. As The Knotty Trotter requests others to respect its intellectual property rights, it also respects the intellectual property rights of others. If you believe that material located on or linked to by TheKnottyTrotter.com violates your copyright, you are encouraged to notify The Knotty Trotter in accordance with its Digital Millennium Copyright Act (“DMCA”) Policy. The Knotty Trotter will address all such notices and take appropriate action, which may include removing the infringing material or disabling all links to it. The Knotty Trotter reserves the right to terminate a visitor’s access to and use of the website if the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Knotty Trotter or others, in accordance with the appropriate circumstances. In the event of such termination, The Knotty Trotter will not be obligated to provide a refund for any amounts previously paid.
4. Intellectual Property. This Agreement does not transfer from The Knotty Trotters or third-party intellectual property rights from The Knotty Trotter to you, and all rights, title, and interest in and to such intellectual property will remain solely with The Knotty Trotter (as between the parties). The Knotty Trotter, TheKnottyTrotter.com, The Knotty Trotter logo, and all other trademarks, service marks, graphics, and logos used in connection with TheKnottyTrotter.com or the website are trademarks or registered trademarks of The Knotty Trotter or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the website may be the trademarks of other third parties. Your use of the website does not grant you any right or license to reproduce or otherwise use any trademarks of The Knotty Trotter or third parties.
5. Changes. The Knotty Trotter reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Knotty Trotter may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6. Disclaimer of Warranties. The Website is provided “as is”. The Knotty Trotter and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Knotty Trotter nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
7. Attribution. The Knotty Trotter reserves the right to display attribution links such as ‘Blog at TheKnottyTrotter.com,’ theme author, and font attribution in your blog footer or toolbar.
8. Indemnification. You agree to indemnify and hold harmless The Knotty Trotter, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
9. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the The Knotty Trotter Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
10. Miscellaneous: This Agreement constitutes the entire agreement between The Knotty Trotter and you concerning the subject matter hereof and may only be modified by a written amendment signed by an authorized executive of The Knotty Trotter or by the posting of a revised version by The Knotty Trotter. Except to the extent that applicable law in Ontario, Canada provides otherwise, this Agreement and any access to or use of the website will be governed by the laws of Ontario, Canada, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to this Agreement or the website shall be the courts located in Ontario, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, which may be brought in any competent court without the posting of a bond, any dispute arising under this Agreement shall be finally settled through arbitration in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Ontario, Canada, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions. The Knotty Trotter may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.