Terms of Service

Last updated August 11, 2020

Please read these Terms of Service (“Terms”) carefully. By downloading, accessing, or using the mobile applications, websites, software or other products or services of Knock, Inc. and our affiliates (“Knock”, “Knock Rentals”, “we” or “us”), or the services, features, or functionality jointly offered with other companies through our mobile application or website (collectively, the “Services”), you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services. If you are using the Services on behalf of an organization, you are agreeing to the Terms on behalf of that organization and representing that you have the authority to bind that organization to the Terms.

Knock provides an online platform that connects property managers and landlords who are responsible for leasing property (“Lessors”) with individuals who seek to rent properties (“Renters”), which Services are accessible at www.knockrentals.com and any other websites through which Knock makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms, the applicable Master Service Agreement (the “Service Agreement”), and order forms for Services (the “Order Forms”) govern your access to and use of the Site, Application, Services and all Content (defined in the next sentence), and constitute a binding legal agreement between you and Knock. The Terms, Service Agreement, and Order Forms together form the “Agreement”. “Content” means all content that is uploaded or given to us, including listings posts, uploads, publishes, pages, submits or transmits to be made available through the Site, Application or Services.

In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.

Knock does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to their terms of use.

1. MODIFICATION

Knock reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

2. ELIGIBILITY

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

3. LICENSE BETWEEN YOU AND KNOCK

When you register for the Site or otherwise authorize us to use content, you grant us a limited, non-exclusive, royalty-free, sublicensable irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.

4. CONDUCT

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Site, Application, and Services. In connection with your use of the Site, Application, Services and Content, you may not and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

• use the Site, Application, Services or Content for any commercial or other purposes that are not expressly permitted by these Terms;

• bypass user consent requirements, including without limitation, by clicking through any user consent prompts on behalf of any third party, or otherwise attempting to provide consent on behalf of any third party;

• copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

• use our Site, Application, Services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

• “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Renter or Lessor

• offer any property as a Lessor that you do not yourself own or have permission to rent as a residential or other property

• offer, as a Lessor, any property that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;

• register for more than one Knock Renter account, or more than one Knock Lessor account, or register for a Knock account on behalf of an individual other than yourself;

• contact a Renter or Lessor for any purpose other than asking a question related to a listing or property;

• recruit or otherwise solicit any Renter or Lessor to join third-party services or websites that are competitive to Knock, without prior written approval;

• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

• use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Content;

• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

• use, display, mirror or frame the Site, Application, Services or Content, or any individual element within the Site, Application, Services or Content, Knock’s name, any Knock trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without express written consent;

• access, tamper with, or use non-public areas of the Site, Application or Services, Knock’s computer systems, or the technical delivery systems of Knock’s providers;

• attempt to probe, scan, or test the vulnerability of any Knock system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Knock or any of Knock’s providers or any other third party (including another user) to protect the Site, Services, Application or Content;

• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Content to send altered, deceptive or false source-identifying information;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

5. TRADEMARKS

The term “Knock” and “Knock Rentals” and any other trademarks, trade names, logos and service marks (collectively, the “Marks”), displayed on the Service or App are the property of Knock, Inc. You are not permitted to copy or otherwise use these Marks without the prior written consent of Knock or such other owner.

6. LINKS TO THIRD-PARTIES

Knockrentals.com and our App may contain links to third-party websites that are not operated us. Knock does not control third-party websites and we are not responsible for their content. Knock’s inclusion of hyperlinks to third parties do not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third-party sites linked to this website, you do so entirely at your own risk.

7. PRIVACY

See Knock’s Privacy Policy at http://www.knockrentals.com/privacy/ for information and notices concerning Knock’s collection and use of your personal information.

8. CONFIDENTIALITY

During the Term of the Agreement and for a period of three (3) years thereafter (except for trade secrets, which shall be held in confidence for so long as they constitute trade secrets, and confidentiality obligations as required by applicable law), each Party (the “Receiving Party”) that receives Confidential Information (as defined below) of the other Party (the “Disclosing Party”) will not use, other than in connection with the provision or receipt of the Services, or disclose to anyone, other than officers, employees, contractors, or representatives of the Receiving Party with a need to know for purposes of the Agreement and who are subject to confidentiality obligations no less stringent than the terms of the Agreement (“Representatives”), any Confidential Information disclosed to the Receiving Party by or on behalf of the Disclosing Party. The Receiving Party will safeguard disclosure of such Confidential Information to the same extent that Receiving Party safeguards its own Confidential Information, but in any case will at a minimum use reasonable care. Upon request of the Disclosing Party, the Receiving Party will promptly return to the Disclosing Party or destroy, certifying in writing to the Disclosing Party the destruction of such Confidential Information, the Disclosing Party’s Confidential Information in its possession or under its control.

“Confidential Information” means all information, material and data of the Disclosing Party which (i) is labeled or designated in writing as confidential or proprietary, (ii) the Receiving Party is advised is proprietary or confidential, or (iii) in view of the nature of such information and/or the circumstances of its disclosure, the Receiving Party knows or reasonably should know is confidential or proprietary. Confidential Information includes, without limitation, the terms and conditions of the Agreement, the Services, Your Data, and all information relating to the Disclosing Party’s business plans, marketing plans, customers, technology, employee and organizational information, product designs, product plans and financial information.

These confidentiality obligations will not apply to any information which (i) is or becomes publicly known without any fault of or participation by the Receiving Party or its Representatives; (ii) was in Receiving Party’s possession prior to the time it was received from Disclosing Party or came into Receiving Party’s possession thereafter, in each case lawfully obtained from a source other than Disclosing Party or its Representatives and not subject to any obligation of confidentiality or restriction on use; (iii) is required to be disclosed by judicial, arbitral or governmental order or process or operation of law, in which event the Receiving Party will, unless prohibited by law, notify the Disclosing Party of the requirement of disclosure before making such disclosure and will comply with any protective order or other limitation on disclosure obtained by the Disclosing Party; (iv) is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; or (v) is permitted under any applicable agreement between the Parties including, without limitation, Knock’s Privacy Policy.

9. PROPRIETARY RIGHTS

As between you and Knock, you shall own the non-public data provided by you to Knock to enable the provision of the Services (“Your Data”). You hereby grant Knock a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense (only to Knock’s third party service providers who provide services to Knock for the purpose of the Services, or to Knock’s business partners that enable Knock to provide certain features of the Services, such as the API and integration Services), to use, copy, modify, distribute, publicly display and publicly perform Your Data in order to operate and provide the Services. Knock agrees not to sublicense, re-sell, or grant access of Your Data, including all prospect and resident data, to any third parties except as expressly set forth in these Terms. 

You acknowledge that, as between you and Knock, Knock owns and retains all right, title and interest in the Intellectual Property Rights in the Services, including all improvements, enhancements or modifications thereto. “Intellectual Property Rights” means: (i) copyrights and other rights associated with works of authorship; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models, and other industrial property rights, and all improvements thereto; and (v) all registrations, applications, renewals, extensions, continuations, divisions, or reissues now or in the future.

10. TEXT MESSAGING

By creating an Account, you agree that the Services may send you text (SMS) messages for any purpose, including marketing, to any telephone number you provide, as part of the normal business operation of your use of the Services. Message and data rates may apply. You may opt-out of receiving text (SMS) messages from the Services at any time by texting the word STOP to 77599 from the mobile device receiving the messages, or by texting the word STOP to the 10-digit number from which you received the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

11. PHONE CALLS

By creating an Account, you agree that the Services may call you for any purpose, including marketing, at any telephone number you provide, as part of the normal business operation of your use of the Services. You further agree that any such calls may be placed using artificial or prerecorded voice and/or autodialers. Phone calls may come from a Lessor using the Services, from Knock representatives, or someone acting on behalf of any of them. Phone calls are used to improve the user experience, and help to operate the Services as intended. If you do not wish to receive any phone calls, you should not use the Services and delete your account.

12. SUPPORT

Knock will provide Support to you via email, online service and telephone. Knock shall provide support: (i) during Knock’s business hours between the hours of 9:00 AM to 9:00 PM (Eastern Time), Monday through Friday, and (ii) on a 24/7 basis for any outages where the Services are not Available. 

Knock shall maintain a sufficient number of customer service and technical support personnel to ensure prompt responses to your support requests during these designated support hours. You may initiate a support ticket during Support Hours by email via support@knockrentals.com or at any time via Knock support chat. Knock will use commercially reasonable efforts to respond to all support tickets within one (1) business day.

Subject to the terms of this Agreement, Knock will provide Support to you in accordance with Knock’s Service Level Agreement.

13. SERVICES NOT PROVIDED

Without limiting the generality of the foregoing, you acknowledge and agree as follows:

• Knock does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on Knock an obligation to perform any services other than those expressly undertaken by Knock;

• Knock does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, Knock strongly advises you to secure the same from an appropriate provider;

• Knock does not undertake any, and has no, duties to Renters, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters;

• Knock does not guarantee the accuracy of any information available on the Site and/or Application, and is not responsible for any errors, omissions, or misrepresentations, and all information obtained on this Website must be verified independently;

• Knock may make changes to the Services and its Site and/or Application at any time and without notifying you or receiving your consent; and,

• Knock cannot guarantee that its users, Renters, and or Lessors will comply with any applicable state and federal laws, including federal civil rights laws, and assumes no liability for failure to comply with such applicable state and federal laws, including federal civil rights laws.

14. FEES

You will pay Knock the then applicable fees described in the Agreement for the Services in accordance with the terms therein (the “Fees”). Knock reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or then-current renewal term, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that Knock has billed you incorrectly, you must contact Knock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.  Inquiries should be directed to Knock’s billing department at billing@knockrentals.com.

Order Forms will specify the date that Knock will first bill you for Services provided to the properties listed in the Order Form (the “Initial Invoice Date”). You will pay all invoices without suspension, set-off or deduction within thirty (30) days of the invoice date, unless the Order Form explicitly contains different payment terms.  In the event that you fail to pay the amounts due within the agreed upon period, late payment interest shall be applied at a rate of one and one half percent (1.5%) per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all reasonable costs and expenses incurred (including reasonable attorneys’ fees) in collecting any late payments or interest. Timely payment of all amounts due is a condition precedent to all of Knock’s obligations and your rights under this Agreement. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Knock’s net income.

15. TERM AND TERMINATION

The Agreement shall begin on the “MSA Start Date” as specified in your Service Agreement (“Agreement Effective Date”) and shall continue through the “MSA Renewal Date” as specified in your Service Agreement  (the “Initial Term”). The Agreement will automatically renew thereafter for successive periods of twelve months each (each a “Renewal Term” and together with the Initial Term, the “Term”) unless earlier terminated in accordance with the Agreement. As all Order Forms are governed by the terms of the Service Agreement, all properties added in subsequently executed Order Forms shall renew their term concurrently with the then-current Service Agreement Term.

We reserve the right to suspend or terminate the Services in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your use if you are not complying with the Agreement, or if you use the Services in any way that may cause us legal liability or disrupt others’ use of the Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating the Agreement, a court order, or danger to other users) where we may suspend or terminate immediately. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to Your Data that is stored with the Service. Either Party may terminate the autorenewal of the Agreement upon written notice to the other Party, which notice is given at least thirty (30) days prior to the end of the applicable then-current Initial Term or Renewal Term, as the case may be.

Prior to the scheduled expiration of the then-current Initial Term or Renewal Term, this Agreement may be assigned or cancelled by you in the event of a change in the Agent or the Owner of the portfolio, upon thirty (30) days prior written notice to Knock of such assignment or cancellation. 

Upon termination, expiration, or assignment of this Agreement, all Services, and any licenses granted by Knock hereunder, shall immediately terminate. In the case of termination, expiration, or assignment, you will pay Knock all outstanding amounts due under the Agreement through the date that is thirty (30) days following written notice of the assignment.

16. WARRANTY

Knock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services.  Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Knock or by third-party providers, or because of other causes beyond Knock’s reasonable control, but Knock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.  HOWEVER, KNOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND KNOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

17. LIMITATION OF LIABILITY

Knock shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage, even if Knock has been advised of the possibility of such damages. Knock shall not be liable for any damages, liability or losses incurred by you arising out of: (i) your use of or reliance on the Services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Knock has been advised of the possibility of such damages. Knock shall not be liable for delay or failure in performance resulting from causes beyond Knock’s reasonable control. These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction of your place of residence. THE AGGREGATE LIABILITY OF KNOCK TO YOU, ANY AFFILIATE OR ANY THIRD PARTY FOR ALL CLAIMS RELATING TO THE SERVICES OR CONNECTED WITH THE AGREEMENT, REGARDLESS OF THE DAMAGES THEORY, WILL NOT EXCEED THE FEES PAID OR OWING TO KNOCK UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE.

18. INDEMNIFICATION

You agree to release, defend, indemnify, and hold Knock and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of this Agreement, (ii) Your Data, or (iii) your violation of any law or the rights of a third party, or incurred by us as a result of your default under this Agreement.

19. DISPUTE RESOLUTION

Informal Dispute Resolution. If you are unable to reach a satisfactory resolution concerning any claim or dispute with Knock after having contacted Knock by e-mail at legal@knockrentals.com and providing a reasonable amount of time for Knock to resolve the claim or dispute, then, and only then, will you have the option to continue to pursue the claim or dispute through binding arbitration with Knock or, solely to the extent provided below, in court.

Arbitration Agreement. You and Knock agree to arbitrate all disputes between us, except as otherwise provided below. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between (i) you, on the one hand, and (ii) Knock, Lessors, or anyone acting on any of their behalf, on the other hand, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, but not limited to: (i) claims that arose before this or any prior agreement, or which may hereafter arise; (ii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of this Agreement. This Agreement evidences a transaction in interstate commerce, and, therefore, the Federal Arbitration Act governs the interpretation and enforcement of this and related provisions below. This arbitration provision shall survive termination of this Agreement.

Certain Exceptions to Arbitration Agreement. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (i) the claim qualifies for small claims court in a location where jurisdiction and venue over you and Knock is proper, in which case you may initiate proceedings in small claims court; or (ii) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE (THE “OPT-OUT DEADLINE”) ON WHICH THE EARLIER OF THE FOLLOWING OCCURS OR HAS OCCURRED: (i) THE DATE ON WHICH YOU ENTER INTO THIS AGREEMENT OR, (ii) THE DATE ON WHICH YOU ENTERED INTO ANY AGREEMENT WITH KNOCK CONTAINING A SUBSTANTIALLY IDENTICAL ARBITRATION PROVISION. You may opt out by sending an email before the Opt-Out Deadline to legal@knockrentals.com, which should include your name and address and the fact that you wish to opt out of arbitration. Notwithstanding the arbitration agreement set forth above, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Class Action and Jury Trial Waiver. YOU AGREE THAT (I) ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN COURT OR ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, (II) NEITHER YOU NOR KNOCK SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, (III) THE ARBITRATOR IS AUTHORIZED TO AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS, AND (IV) YOU AND KNOCK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Knock otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Knock submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Knock will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Knock will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if Knock changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to legal@knockrentals.com ) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Knock’s legal email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Knock in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

20. NOTICES

Unless otherwise stated, notices to us should be sent to the following address:

Attn: Legal

Knock, Inc.

1455 NW Leary Way

Suite 200

Seattle, WA 98107

21. GENERAL

Subject to Section 15, you may not assign these Terms without Knock’s prior written approval. Knock may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Knock’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Knock or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Knock’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Knock in writing.

22. APPLICABLE LAW

Any dispute between you and Knock will be governed by these Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.

23. SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

24. COMPLETE AGREEMENT

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Knock. These Terms do not create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Knock account.

25. CONTACT

If you have any questions or comments regarding these Terms, please contact us at legal@knockrentals.com.


SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) describes the service levels applicable to your access to the Services pursuant to the Agreement.  This SLA is subject to the terms and conditions of the Agreement. Terms capitalized but not defined herein have the meanings ascribed to them in the Agreement.

1.  AVAILABILITY SERVICE LEVEL:

(a)               Definitions

“Availability” shall mean your access to and retrieval of data from the applicable Services

“Availability Percentage” shall be calculated as follows:  x = (n – y) * 100 / n, where “x” is the Availability Percentage, “n” is the total number of normal hours in a given calendar month, and “y” is the total number of hours a material portion of the Services are not Available (as defined above) in a given calendar month.  The calculation of “x” shall be prorated in any month in which Services commence on any day other than the first day of the month.

“Force Majeure Events” include but are not limited to: government interventions, strikes, diseases, pandemics, epidemics, acts of terrorism or threats thereof, interruptions of operations, energy disruptions, interruptions in telecommunications facilities of third parties, as well as every other circumstance that Knock could not reasonably have avoided or prevented, which creates an obstacle to the normal performance of the Agreement. 

“Permitted Downtime” means: exceptions to the levels of Availability for (i) regularly scheduled maintenance windows (as an exclusion from “n” and “y”); (ii) delays that are attributable to you, or any network or telecommunications factors on the Internet that are not within Knock’s reasonable control, or (iii) any force majeure event.

(b)              Service Level

The Availability Percentage for the Services will be a minimum of 99.9% of the time, subject to the Permitted Downtime.

2.  SERVICE LEVEL DEFAULTS AND SERVICE LEVEL CREDITS:

Knock recognizes that you are paying Knock to deliver certain Services at the specified Service Levels.  If Knock fails to meet the specified Service Levels, then Knock shall pay or credit to you in accordance with the tables below (the “Service Level Credits”) in recognition of the diminished value of the Services resulting from Knock’s failure to meet the agreed-upon level of performance and not as a penalty. 

Availability Service Level Credit

If Knock fails to meet the Service Level for Availability (as expressed the availability during the applicable month), then Knock will credit you with the applicable percentage of Fees prorated for that month (as described below) on the next monthly invoice: 

Uptime

Fees Credit Percentage

>= 99.9%

0%

< 99.9%

25%