Terms and Conditions

ShareNotes.com welcomes you to its Web site located at www.sharenotes.com (the “Site”). The following Terms and Conditions govern your use of the Site. Please review them carefully.

1) Materials Submitted to the Site

The Site allows you to contribute lecture notes, materials and information (“Notes”) for access, use, and commentary by other visitors to the Site.  ShareNotes.com does not guarantee the accuracy or completeness of, and cannot be responsible for, any Notes that are submitted by users of the Site.

By submitting Notes or using the Site, you represent that you have the full legal right to provide the Notes and that use of the Notes by the Site and all other persons visiting the Site will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party.

Upon your submission of Notes to the Site, you grant ShareNotes.com, and ShareNotes.com thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, and sublicense, and to permit others to access, use, distribute, perform, reproduce and display, the Notes, all without any further compensation to you whatsoever.  ShareNotes.com may remove Notes from the Site that are libelous, incorrect, spiteful, or otherwise inappropriate, in ShareNotes.com’s sole discretion. ShareNotes.com shall not be responsible for changes, modifications, or removal of any Notes that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 10 of these Terms and Conditions.

Notes stored on the Site are stored by ShareNotes.com only for permitted temporary online sharing purposes and not for permanent or long-term storage or for temporary archival purposes. ShareNotes.com will not, and is not obligated to, maintain back-up copies of any Notes.

2) Permissions for Notes

You acknowledge and agree that Notes may be transferred by ShareNotes.com and its agents, representatives, contractors, and licensees outside of the United States. You have sole responsibility for all Notes, including but not limited to, the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Notes. You acknowledge and agree that when you share Notes with third parties or make available Notes to third parties, you allow the recipients to share, distribute, reproduce, display, and make prints of such Notes.

3) Proprietary Rights

All works of authorship, information, content, functional components, and material appearing on, contained in, or made available through the Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are ShareNotes.com’s copyrighted works, all rights reserved, or the copyrighted works of ShareNotes.com’s affiliates, licensors, or suppliers. ShareNotes.com also owns a copyright in the Site as an online work, collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.

Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of ShareNotes.com, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of ShareNotes.com, without ShareNotes.com’s advance written consent, is prohibited.

All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to ShareNotes.com or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.

4) Third Party Materials, Products and Services

The Site is available for informational purposes only. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. ShareNotes.com expressly disclaims any and all responsibility for or related to the Notes or products or services provided by or advertised by third parties or the transactions you conduct or enter into with these third parties. The Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. ShareNotes.com expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.

5) Communications With The Site

ShareNotes.com welcomes your feedback and suggestions about how to improve the Site (“Suggestions”).  Any Suggestions shall be deemed Notes, as defined in Section 1 of these Terms and Conditions.  ShareNotes.com is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Suggestions for any purpose, including to create and market products, information, or services.

Given the nature of the Internet, the transmission of any communication or material to ShareNotes.com via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as, and is not represented to be, secure. As an alternative to communicating via the Internet or e-mail (support@sharenotes.com), ShareNotes.com can be contacted by regular mail at 1902 Wright Place, Carlsbad CA, 9208, or by phone at 760-918-5626.

6) Privacy Statement

ShareNotes.com has a Privacy Statement setting out ShareNotes.com’s online information gathering and dissemination practices with respect to the Site. Click here to view the Privacy Policy, which is incorporated into these Terms and Conditions by reference. 

7) Disclaimer of Warranty and Liability

THE SITE, THE SITE MATERIALS AND NOTES AVAILABLE THROUGH THE SITE, AND ANY SERVICES, INFORMATION AND PRODUCTS OFFERED IN CONNECTION WITH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.”  USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

SHARENOTES.COM MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE NOTES, THE SITE MATERIALS, AND ANY SERVICES, PRODUCTS, INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL NOTES, SITE MATERIALS, SERVICES, PRODUCTS AND INFORMATION ON, IN, AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.

SHARENOTES.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE NOTES, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION, MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SHARENOTES.COM TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED TEN U.S. DOLLARS (U.S.$10).  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

8) Corrections and Changes

ShareNotes.com endeavors to keep the Site, the Notes and the Site Materials up-to-date.  Without limiting anything else in these Terms and Conditions or otherwise, ShareNotes.com is not responsible for any errors or omissions in the Site, the Notes or Site Materials. ShareNotes.com may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with the Site, including these Terms and Conditions, at any time with or without notice, and ShareNotes.com makes no commitment to update the information contained on or in the Site. ShareNotes.com reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, with or without notice, in addition to any and all other remedies available at law or in equity. 

9) Indemnification

You shall defend ShareNotes.com and its directors, officers, employees, agents, and contractors (“ShareNotes.com Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with your use of the Site, the Notes and the Site Materials or your fraud, violation of law, negligence, willful misconduct in connection with your use of the Site, the Notes or the Site Materials (except to the extent attributable to ShareNotes.com), or any breach by you of these Terms and Conditions.  You shall indemnify and hold ShareNotes.com Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of ShareNotes.com.

ShareNotes.com may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If ShareNotes.com does not notify you within 30 days after notice of the Claim that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to the ShareNotes.com, subject to the right of ShareNotes.com to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

10) Complaint Procedures

Copyright

ShareNotes.com processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, ShareNotes.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ShareNotes.com will terminate access for any users of the Site who are repeat infringers. If you believe that any content or postings on this Site violate your intellectual property or other rights, please send to ShareNotes.com at the address listed in Section 5 support@sharenotes.com, addressed to the attention of "Copyright Agent," a detailed notice in accordance with the requirements of the Digital Millennium Copyright Act, including:  (1) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (2) a description of the location of the original or an authorized copy of the copyrighted work; (3) your address, telephone number and e-mail address; (4) a 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; (5) a statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Other Violations

If you believe that any content or postings on the Site violate your intellectual property or other rights, other than copyright, please send to ShareNotes.com at the address listed in Section 5 (or to support@sharenotes.com) a detailed message setting forth the following information:  (1) your name and the name of your company, if any; (2) your contact information, including your address, telephone number and e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement:  “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.” 

11) Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions, neither ShareNotes.com nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorist actions, or governmental restrictions.

12) Governing Law and Jurisdiction

These Terms and Conditions, including but not limited to, the Privacy Statement, will be governed by and construed in accordance with the laws of the New Jersey, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY, EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the works, content, or materials on the Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in New Jersey, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

13) Securities Information

This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site may contain information and press releases about ShareNotes.com, and although this information was believed to be accurate as of the date prepared, ShareNotes.com disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

14) Miscellaneous

The Site is controlled and operated from within the United States. Without limiting anything else, ShareNotes.com makes no representation that the Notes, Site Materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of ShareNotes.com to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.

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