Pass The Notes, LLC.
(last revised March 30th, 2014)
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE. BY ACCESSING THE SITE YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING PASSTHENOTES.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS PASSTHENOTES.COM MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
Fees; Renewal; Refund Policies.
1. Contact Information.
12240 S.W. 53RD STREET
COOPER CITY, FL 33330
Pass The Notes, LLC.
Registration Data; Account Security
By using passthenotes.com, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration requests on passthenotes.com (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update your Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and be fully responsible for all use of your account and for any actions that take place using your account. This includes the use of your account by others regardless of whether such use by others was permitted by you. Pass The Notes will not share your personal private registration data with any third party unless required by law.
When you sign up to become a Member, you will also be asked to choose a password, unless provided by your institution or company. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Pass The Notes, LLC. immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Proprietary Rights in Website Content; Limited License
Pass The Notes, LLC. , passthenotes.com, Pass The Notes and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You understand that the Service and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to:
User Content Posted on the Website
You are solely responsible for the photos, profiles (including your name, image, etc.), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Website or Service that you did not create or that you do not have the permission to post. You understand and agree that the Company may, but is not obligated to, review the Website and may delete or remove (without notice) any Website Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to the Company.
When you post your User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Pass The Notes, LLC. does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
These Terms do not give the Company any rights to your data or content except for the limited rights that allow us to provide our service and application. Services include items such as hosting, content backups, and displaying content. Some of our services are integrated with trusted third party software applications such as video delivery or document viewing. By abiding to these terms you acknowledge the use of these services and permission extends to those trusted parties integrated with our service and application.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on passthenotes.com any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we reserve the right to promptly remove or disable access to the allegedly infringing material and to terminate the accounts of repeat infringers (See Repeat Infringer Policy Below). If you believe that any material on passthenotes.com infringes upon any copyright which you own or control, please see the Pass The Notes Copyright Policy below, and you may send a written notification of such infringement.
Pass The Notes Copyright Policy
NOTIFICATION OF COPYRIGHT INFRINGEMENT PROCEDURE
If you believe your copyrighted work is accessible on the Pass The Notes website, service, in violation of your copyright, you may provide written communication which contains the following:
You may submit your notification of alleged copyright infringement to [email@example.com].
PLEASE BE ADVISED THAT YOU MAY BE LIABLE FOR DAMAGES, INCLUDING COURT COSTS AND ATTORNEYS FEES, IF YOU MATERIALLY MISREPRESENT THAT CONTENT ON OUR WEBSITE IS COPYRIGHT INFRINGING. FALSE FILING CONSTITUTES PERJURY.
Upon receiving a proper notification of alleged copyright infringement as described above, 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 counter notification procedure described below, by which the alleged infringer may respond to your claim and request that we restore this material.
COUNTER NOTIFICATION PROCEDURE
If you believe your copyrighted material has been removed from our website as a result of misidentification or the result of a mistake, please submit a counter notification to [firstname.lastname@example.org]. In order to be effective, your counter notification must substantially contain the following information:
You may submit your counter notification of alleged copyright infringement to [email@example.com].
PLEASE BE ADVISED THAT YOU MAY BE LIABLE FOR DAMAGES, INCLUDING COURT COSTS AND ATTORNEYS FEES, IF YOU MATERIALLY MISREPRESENT THAT REMOVED CONTENT WAS REMOVED BY MISTAKE OR MISIDENTIFICATION. FALSE FILING CONSTITUTES PERJURY.
Repeat Infringer Policy
In accordance with applicable law, Pass The Notes, LLC. has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on passthenotes.com infringes upon any intellectual property which you own or control, please see our Pass The Notes Copyright Policy, and you may send a written notification of such infringement.
Third Party Websites and Content
Passthenotes.com contains links to other web websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, products, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Websites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the website.
Sharing Information With Others
Use of Connect Links by Online Content Providers
In the event that the Connect Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Connect Link on Online Content Provider’s website and solely in the current form provided by the Company. In the event that the Connect Link is a text link, it must include the word “PassTheNotes” as part of the link. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Connect Links from its website.
In order for an Online Content Provider to include a Connect Link on its pages, the Third Party Website must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Connect Link on any website that contains, and represents and warrants that such website does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability or any type. Upon including of a Connect Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with such Connect Link, any links, content or other items or materials which may be shared or posted through such Connect Link, or any breach or alleged breach of the foregoing representations and warranties.
By including a Connect Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use Sharing in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and order materials of any kind residing on any web pages on which Online Content Provider places the Connect Link.
User Desks & Profiles
User Desks and Profiles are used solely for educational, social, or commercial purposes. You may not set up a User Desk or Profile on behalf of another individual unless you are authorized to do so.
Pass The Notes Use Policy
We trust you to use our services responsibly. You agree not to misuse the Pass The Notes services (“Services”). For example, you must not, and must not attempt to do the following:
You are solely responsible for your interactions with other passthenotes.com users. Pass The Notes, LLC. reserves the right, but has no obligation, to monitor disputes between you and other users.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Website or in connection with the Service, whether posted or caused by users of the Website, by Pass The Notes, LLC., by third parties or by any of the equipment or programming associated with or utilized in the Website or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Service.
The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestions on the Internet or at any Website or combination thereof, including injury or damage to User’s or to any other person’s computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website or the Service, any User Content or Third Party Applications, Software, or Content posted on or through the Website or the Service or transmitted to Users, or any interactions between users of the Website, whether online or offline.
THE WEBSITE, THE SERVICE (INCLUDING THE SHARE SERVICE), ANY APPLICATIONS AND THE WEBSITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE AND/OR ANY APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE, THE SERVICE OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR SERVICE ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, HARDWARE AND / OR SOFTWARE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Website and any Services and Applications offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PASS THE NOTES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OR ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITIES TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Website or through any Application and/or prohibit you from using or accessing the Service or the Website or any Application (or any portion, aspect or feature of the Service or the Website or any Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you do not meet the eligibility requirements as established above. When we are notified that a user has died, we will generally, but are not obligated to, keep the user’s account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
Dispute Resolution & Arbitration
We want to address your concerns without needing a formal legal case. Before filing a claim against Pass The Notes, you agree to try to resolve the dispute informally by contacting us. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Pass The Notes may bring a formal proceeding.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Website (including through the Share Service), your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Service (“Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.