Terms of Use

1. Terms

By checking the box, and accessing the products and services (the “Services”) provided by PowerNotes LLC (including powernotes.com and PowerNotes), you (“User”) are agreeing to be bound by these web site and mobile application Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

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2. Use License

Permission is granted to use the materials (information or software) on PowerNotes LLC’s web site or mobile applications for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on PowerNotes LLC’s web sites or mobile applications;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by PowerNotes LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

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3. Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER POWERNOTES LLC NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT OUR SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN OUR SERVICES, THE SPECIFIC FUNCTION OF OUR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR SERVICES “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

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4. Liability for our Services

WHEN PERMITTED BY LAW, POWERNOTES LLC, AND POWERNOTES LLC’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF POWERNOTES LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT, IF ANY, YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU OUR SERVICES AGAIN).

IN ALL CASES, POWERNOTES LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

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5. Revisions and Errata

The materials appearing on PowerNotes LLC’s web site could include technical, typographical, or photographic errors. PowerNotes LLC does not warrant that any of the materials on its web site are accurate, complete, or current. PowerNotes LLC may make changes to the materials contained on its web site at any time without notice. PowerNotes LLC does not, however, make any commitment to update the materials.

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6. Feedback and Idea Submission

User acknowledges and agrees that User may be providing and submitting feedback, statements, suggestions and ideas (“Ideas”) in connection with User’s use of the web site or Services to PowerNotes LLC which PowerNotes LLC may use in future modifications of the web site, Services, multimedia works and/or advertising and promotional materials relating thereto.

User acknowledges and agrees that submission of Ideas to PowerNotes LLC, either orally or in writing, will not in any way establish a confidential relationship with PowerNotes LLC, nor will it place PowerNotes LLC in the position of receiving a disclosure in trust. PowerNotes LLC will not be obligated and makes no commitment to treat or maintain Ideas that User submits as confidential. In addition, User does not expect any type of payment or remuneration from PowerNotes LLC for Ideas. User hereby assigns and agrees to assign to PowerNotes LLC all rights and title in the Ideas and the subject matter of the Ideas, including, but not limited to, all patents, copyrights, trade secrets or other intellectual property rights in or covering the Ideas and the subject matter of the Ideas. No obligation is assumed or may be implied on the part of PowerNotes LLC by receipt or examination of the idea submission to use the Ideas, compensate User or otherwise enter into another agreement with User.

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7. Links

PowerNotes LLC’s Services may contain links to third-party web sites, advertisers, services, special offers, or other events or activities that are not owned or controlled by PowerNotes LLC. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party web site, service, or content from PowerNotes LLC, you do so at your own risk and you agree that PowerNotes LLC will have no liability arising from your use of or access to any third-party web site, service, or content.

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8. Site Terms of Use Modifications

PowerNotes LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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9. Governing Law

Any claim relating to or arising under or in connection with PowerNotes LLC’s web site shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions.

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10. Arbitration

In the event that PowerNotes LLC has not been able to resolve a dispute it has with User after attempting to do so informally, both User and PowerNotes LLC agree to resolve any claim, dispute, or controversy (excluding any PowerNotes LLC claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Chicago, Illinois, under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing PowerNotes LLC from seeking injunctive or other equitable relief from the courts as necessary to protect any of PowerNotes LLC’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. USER AGREES THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS OF USE, USER AND POWERNOTES LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

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11. Copyright Policy

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If User believes in good faith that materials on the PowerNotes LLC site infringe User’s copyright, User (or User’s agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PowerNotes LLC to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices and counter-notices should be sent to:

Copyright Agent
PowerNotes LLC
820 West Jackson Boulevard
Suite 350
Chicago, IL 60607
contact@powernotes.com

PowerNotes LLC suggests that you consult a legal advisor before submitting such a notice.

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12. Waiver, Severability & Assignment

PowerNotes LLC’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, then the remaining provisions of these Terms and Conditions of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. User may not assign any of User’s rights under these Terms and Conditions of Use, and any such attempt will be void. PowerNotes LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

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Refund Policy

No refunds will be offered on canceled subscriptions. Paid subscriptions are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. We reserve the right to issue refunds or credits at our sole discretion, or as required by applicable law. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

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Canceling your Premium subscription

When you cancel your Premium subscription, your subscription won’t change until your current billing cycle ends. Once your subscription runs out, your subscription will be canceled, and your account will automatically revert to a Free account. None of your data will be lost, and you will maintain access to all of your projects on a limited basis.

If you have any questions or concerns before canceling your PowerNotes subscription, feel free to contact us to speak with a support representative.

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