NoteMesh's Terms and ConditionsThese terms and conditions are effective as of September 21st, 2006.
Welcome to NoteMesh
NoteMesh (the "Service") a service owned and operated by Insidecase, LLC (the "Company") is an online service that allows students to build a set of notes for various courses.
By using the www.notemesh.com web site (the "Web site") you signify that you have read, understand
and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). We reserve the
right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use
at any time without further notice. If we do this, we will post the changes to these Terms of Use
on this page and will indicate at the top of this page the Terms of Use's effective date. Your
continued use of the Service or the Web site after any such changes constitutes your acceptance
of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please
do not use or access the Service or the Web site. It is your responsibility to regularly review
these Terms of Use.
The Conduct of Our Members
You understand that the Service and the Web site are available for your personal,
non-commercial use only. You represent, warrant and agree that no materials of any
kind submitted through your account 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.
You further agree not to harvest or collect email addresses or other contact
information of Members from the Service or the Web site by electronic or other
means for the purposes of sending unsolicited emails or other unsolicited communications.
Additionally, you agree not to use automated scripts to collect information from the
Service or the Web site or for any other purpose. You further agree that you may not
use the Service or the Web site in any unlawful manner or in any other manner that
could damage, disable, overburden or impair Web site. In addition, you agree not
to use the Service or the Web site to: impersonate any individual, living or dead;
post any text known to be copyrighted; post any defamatory, racist, or derogatory
remarks; harass other users; or use or attempt to use another users account without
their expressed permission or the knowledge of the NoteMesh team.
NoteMesh reserves the right to refuse service to any users without prior notice.
NoteMesh is not held responsible for any content put on the Web site by its users.
NoteMesh will comply with any proper legal requests to remove content upon receipt in good faith.
Our Content Rights
All content on the Web site, including but not limited to design, text, graphics,
other files, and their selection and arrangement (the "Content"), are the
proprietary property of the Company or its licensors. All rights reserved.
No Content may be modified, copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any form or by any means,
in whole or in part, without the Company's prior written permission. You may
download or print a copy of any portion of the Content solely for your personal,
non-commercial use, provided that you keep all copyright or other proprietary notices
intact. You may not republish Content on any Internet, Intranet or Extranet site or
incorporate the information in any other database or compilation. Any other use of the
Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Web site are either
trademarks or registered trademarks of the Company or its licensors and may not
be copied, imitated, or used, in whole or in part, without the prior written
permission of NoteMesh.
Copyright Policy
We respect the intellectual property rights of others. If you believe
your work has been copied in a way that constitutes copyright infringement
or are aware of any infringing material on the Web site, please contact us
at copyright@notemesh.com and provide us with the following information: an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material
that you claim is infringing is located on the Web site; your address,
telephone number, and email address; a written statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Privacy
We care about the privacy of our Members. Click the "Privacy Policy" link
at the bottom of this website to view the Web site's
Privacy Policy. By using the Web site or the Service, you are consenting to
have your personal data transferred to and processed in the United States.
Disclaimers
The Company is not responsible for any incorrect or inaccurate
Content posted on the Web site or in connection with the Service,
whether posted or caused by users of the Web site, Members or by any
of the equipment or programming associated with or utilized in the Web
site or the Service. The Company is not responsible for the conduct,
whether online or offline, of any user of the Web site or Member of the
Service. The Web site and the Service may be temporarily unavailable from
time to time for maintenance or other reasons. NoteMesh 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 or Member communications. The Company is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any web site or combination thereof,
including injury or damage to users and/or Members or to any other person's
computer related to or resulting from participating 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
personal injury or death, resulting from anyone's use of the Web site or the
Service, any Content posted on or through the Web site or the Service or transmitted
to Members, or any interactions between users of the Web site or Members, whether
online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS"
AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF 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 WEB SITE AND/OR THE SERVICE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL
NOTEMESH 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 WEB SITE OR THE SERVICE, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO NOTEMESH FOR THE
SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) TEN DOLLARS ($10).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
Governing Law and Venue
By visiting or using the Web site and/or the Service, you agree that the
laws of the State of Texas, without regard to principles of conflict of laws,
will govern these Terms of Use and any dispute of any sort that might arise
between you and NoteMesh or any of its affiliates.
Any dispute relating in any way to the Web site and/or the Service (including
your visit to or use of the Web site and/or the Service) shall be submitted
to confidential arbitration in Austin, Texas, except that, to the
extent you have in any manner violated or threaten to violate NoteMesh or any of its
affiliates' proprietary or intellectual property rights, we may seek injunctive or
other appropriate relief in any state or federal court of competent jurisdiction.
For the purpose of such relief, you hereby consent to, and waive all defenses of
lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive
venue and jurisdiction in the state and federal courts of Texas.
Arbitration under this Agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under these Terms of
Use shall be joined to an arbitration involving any other party subject to these
Terms of Use, whether through class arbitration proceedings or otherwise. Any claim,
action or proceeding by you related in any way to the Web site and/or the Service
(including your visit to or use of the Web site and/or the Service) must be
instituted within one (1) year after the cause of action arose or be forever waived and barred.
Indemnity
You agree to indemnify and hold NoteMesh, its subsidiaries and affiliates,
and each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, or demand, including reasonable
attorney's fees, arising out of any claim, action, investigation or proceeding made or
instituted by any third party due to or arising out of your use of the Service or the
Web site in violation of this Agreement or your violation of any law or the rights of a
third party.
Other
These Terms of Use, together with the Privacy Policy and any other policies of the
Company posted by us on the Web site, constitute the entire agreement between you
and NoteMesh regarding the use of the Web site and/or the Service, superseding
any prior agreements between you and NoteMesh relating to your use of the Web
site or the Service. The failure of NoteMesh to exercise or enforce any right
or provision of these Terms of Use shall not constitute a waiver of such right
or provision in that or any other instance. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force and effect.
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