Welcome to the Knoetic Chief People Officer Headquarters (“CPOHQ”). This community is made up of Chief People Officers and Heads of People of companies across the world, including companies that are customers of Knoetic. CPOHQ is a go-to destination for Knoetic products and services, peer support and thought leadership on best practices. We’d love to see users learn from each other and build their influence and profile on CPOHQ.
These Terms of Use (“TOU”) are the terms that apply to your use of CPOHQ. We hope that these will help ensure the community is valuable to you and serves as a platform where we can all become better together. The TOU also protects the interests of all of our members, as well as our goodwill and reputation. We cannot permit you to use CPOHQ unless you agree to them. By using CPOHQ, you are agreeing to these terms.
Every community user agrees to abide by this TOU and is responsible for any violations. You may not assist or engage others in a way that would violate this TOU. We will enforce and ensure compliance with this TOU by using methods we consider to be appropriate.
We reserve the right to modify these TOU at any time without giving you prior notice. You can find the most recent version here. Your use of CPOHQ following any such modification constitutes your agreement to follow and be bound by these TOU as modified. You agree to review the TOU on a regular basis and always remain in compliance.
1. Access. We will provide you access to use CPOHQ according to these terms. We may use third party service providers to provide some or all elements of CPOHQ. To access and use CPOHQ, you may be required to establish a username with a third party service provider, and you grant us the right to share the information necessary to enable your use of CPOHQ with our third party service providers. You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, or (vi) we reject, which we may choose to do in our discretion. All information you provide in your profile must be accurate. If you believe your access to or use of CPOHQ has been breached, compromised, or unauthorized, notify us immediately at community@knoetic.com.
2. Membership Qualifications. In order to use CPOHQ, you must apply here and be the active Head of People at a fast-growing startup. The CPOHQ team reserves the right to accept, reject, or remove any member from the community.
3. Your Conduct and Content. You will use CPOHQ for its intended purpose only, and will not use it for any other purpose, including but not limited to solicitation or advertising purposes. The data and information you provide or disclose on CPOHQ is meant for public discussion; therefore, do not disclose information that is confidential or proprietary. By using CPOHQ, you agree that you have authority to disclose, and are solely liable for, the information you elect to disclose on CPOHQ. In addition, you are responsible for the use by third parties of any information, including personal information, that you disclose on CPOHQ, so please only disclose your own personal information or personal information you are authorized to disclose. Users may also include a link as part of their signature information, which another user may click to leave CPOHQ and obtain or share additional information. If you share your information by following one of these links, then you grant us the right to further share your information with trusted partners so that they may contact you about inbound marketing or service offerings.
You may not sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in CPOHQ or the information it contains. In addition, and without limiting the other requirements in this TOU, you may not (directly or indirectly) use CPOHQ in a manner that: (i) violates this TOU; (ii) discloses or solicits the private information of any person; (iii) is threatening, abusive, harassing, stalking, or defamatory; (iv) is deceptive, false, misleading or fraudulent; (v) is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity); (vi) contains vulgar, obscene, indecent or unlawful material; (vii) infringes a third party’s intellectual property right(s); or (viii) uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; and/or is in violation of any applicable law or regulation.
In addition, because we use ChatGPT, community users also agree to comply with OpenAI’s acceptable use policies located at (https://openai.com/policies/usage-policies).
4. Our Proprietary Rights. You are not granted a license to any software by this TOU. Our services are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. We encourage all members to comment on Knoetic’s services and provide suggestions for improving them. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into Knoetic services, without payment or attribution to you. We retain all ownership rights in Knoetic’s trademarks. You may not use them without our consent.
5. Copyright Policy. We reserve the right to terminate the account and access rights of any user that infringes the rights of another. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user content infringes on your copyrights, you may submit a notification pursuant to the Knoetic Digital Millennium Copyright Act (DMCA) Notice. Please see our DMCA Policy below for more information.
6. Third-Party Sites and Services. Third-party services and third-party sites are not under our control. We provide third-party sites and services to you as a convenience, and the availability of any third-party site or service does not mean we endorse, support or warranty the third-party site or service.
7. Privacy. Your use of CPOHQ is subject to our Privacy Policy, available at http://knoetic.com/privacy-policy/
8. Fees. Currently, we do not charge users for access to CPOHQ; however, we reserve the right to decide to do so in the future. If we decide to charge users for access to CPOHQ, we will provide at least thirty (30) days prior notice of such change and users will be able to deactivate their CPOHQ account for no charge. We also reserve the right to charge for select features within CPOHQ while keeping some features free. Notice will be given at least thirty (30) days prior to any fee changes.
9. Term and Termination. This TOU will apply for as long as you use or maintain a username for CPOHQ. We may terminate this TOU and/or suspend your access to CPOHQ immediately if you: (i) violate any of the terms of this TOU, (ii) use CPOHQ in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion. We are not obligated to provide you with any of your content used in connection with CPOHQ after termination. Termination or expiration of this TOU shall not cause your subscription agreement to be terminated, if you have one.
10. Your Representations and Warranties. You represent and warrant that: (i) your participation in CPOHQ will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all information and data that you share with us for our use and with other users of CPOHQ, and that you are not violating any confidentiality obligations by submitting such information to CPOHQ, (iii) the information you share does not violate or infringe any intellectual property right, right of privacy, right of publicity or other proprietary right, and (iv) your use of CPOHQ will comply with all applicable laws.
11. Indemnification. You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of CPOHQ, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this TOU, or (e) your use of third-party services or sites. We will: notify you in writing within 30 days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
12. Disclaimers; Limitations of Liability. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE KNOETIC SERVICES, CPOHQ, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, CPOHQ IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO CPOHQ AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CPOHQ AND THE INFORMATION SHARED MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES. FURTHER, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS TOU, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO $100. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS TOU. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE CPOHQ TO YOU.
13. General
a. Amendment; No Waiver. We may update and change any part or all of this TOU. If we update or change this TOU, the updated version will be posted here. The updated TOU will be effective and binding on the next business day after it is posted. We encourage you to review this TOU periodically. If you do not agree with a change to this TOU, you should not use CPOHQ.
b. Applicable Law. This TOU shall be governed by the laws of New York, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this TOU or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in New York, New York.
c. Correction of Errors and Inaccuracies. Information on CPOHQ may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.
d. Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt. To Knoetic, Inc., at 228 Park Ave S, Suite 49303, New York, NY 10003-1502, Attention: Legal Department, and to you, at your address as provided in our account information for you. We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you.
We respect the copyright and other intellectual property rights of others and expect users of our website and application (collectively, the "Services") to do the same. In accordance with the United States Digital Millennium Copyright Act (the "DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Service and terminate the accounts of any users of the Service who infringe any intellectual property rights of others, whether or not there is any repeat infringement. See our Terms of Use for more information.
Notification of Alleged Copyright Infringement
If you believe that content available on or through our Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
Submit your notice to our designated DMCA agent by mail or email as set forth below:
Knoetic, Inc., at 228 Park Ave S, Suite 49303, New York, NY 10003-1502
Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Services is copyright infringing.
Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Please note that furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.
Counter Notification
If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.