Terms of Service

  1. By using the Notemark and the Notemark Website, (known collectively as "Notemark Products",) you agree to be bound by this Terms of Use and Service Agreement ("Agreement").
  2. The following is a partial list of actions that are prohibited and that constitute a material breach of this Agreement:
    1. Disseminating or transmitting spam, junk mail, chain letters, pyramid schemes, or unsolicited mass mailing;
    2. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
    3. Distributing any worms, viruses, or other harmful or destructive code, files, or programs;
    4. Disseminating information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
    5. Soliciting passwords or personal information from other users for commercial or unlawful purposes;
    6. Providing instructional information about illegal activities, violating someone's privacy, or creating computer viruses;
    7. Allowing any other person or entity to use your identification for posting or viewing comments;
    8. Violating any law, whether local, state, national, or international, intentionally or not.
    9. Privacy Policy
  3. Use of Notemark Products is also governed by our Privacy Policy .
  4. Personal Use
    Notemark Products are made available to you for your personal use only. In accordance with the Children's Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm ), you must be at least thirteen (13) years of age to use Notemark Products. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of Notemark Products. You are responsible for maintaining the confidentiality of your unique username and password, and are responsible for all activities that occur thereunder. Notemarks, LLC reserves the right to refuse service to anyone at any time without notice for any reason.
  5. Practices Regarding Use and Storage
    You agree that Notemarks, LLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained or transmitted by Notemarks, LLC.
  6. You acknowledge that Notemarks, LLC has set no fixed upper limit on the number of transmissions you may send or receive through Notemark Products or the amount of storage space used; Notemarks, LLC retains, however, the right to create limits on use and storage at our sole discretion at any time with or without notice.
  7. Data collected by Notemarks, LLC and users of Notemark Products may be stored and processed in the United States or any other country in which Notemarks, LLC or its agents maintain facilities. By using Notemark Products you consent to any such transfer of data outside of your country.
  8. Content of the Service
    Notemarks, LLC takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Notemarks, LLC have any obligation to monitor such third-party content. Notemarks, LLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Notemark Products, its users, and the public. Notemarks, LLC will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
  9. Intellectual Property Rights
    You acknowledge that Notemarks, LLC owns all right, title and interest in and to Notemark Products, including all intellectual property rights. All rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Notemark Products. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Notemark Products. As described immediately below, these rights do not include third-party content used as part of the Notemark Products, including the content of communications appearing on the Notemark Products.
  10. Notemarks, LLC does not otherwise claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload or transmit from, or store using the Notemark Products.
  11. No Resale of the Service or the Client
    Unless expressly authorized in writing by Notemarks, LLC, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Notemark Products, (b) use of the Notemark Products, or (c) access to the Notemark Products. Notemarks, LLC grants you a personal, non-transferable and non-exclusive right and license to use Notemark Products on your computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right of the Client.
  12. Automatic Updates
    Notemark Products may communicate with Notemarks, LLC's servers to check for available updates to the software, including bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, Notemark Products sends Notemarks, LLC servers a request for the latest version information. By installing such Updates, you hereby agree to automatically request and receive Updates from Notemarks, LLC servers.
  13. Copyright Complaints
    Notemarks, LLC respects the intellectual property rights of others and responds to notices of alleged copyright infringement pursuant to the Digital Millennium Copyright Act.  For more information please see our Copyright Policy .
  14. Changes in Terms of Use and Service Agreement
    Occasionally, we may modify or terminate our services for any reason and without notice. We reserve the right to modify this Agreement from time to time and with or without notice. Each time changes are made to the Agreement, a revised Agreement will be posted on this Web page. By continuing to use Notemark Products following the posting of changes, you accept any such changes.
  15. Passwords and Security
    You are solely responsible for maintaining the confidentiality of your account and password. You are fully responsible for all activities that occur under your account and password. You agree to promptly notify Notemarks, LLC of any unauthorized use of your account or password. You will not be asked by Notemarks, LLC to reveal your password. You may not transfer or share your account with anyone.
  16. Linked Content
    Notemarks, LLC provides links to other sites and resources over which Notemarks, LLC exercises no control. Notemarks, LLC is not responsible for the availability or accuracy of such external sites or resources and does not endorse and is not liable for any content, advertising, products, claims, or other materials on or available from such sites or resources.
  17. Advertising
    As consideration for using the Service, you agree and understand that Notemark will display ads and other information adjacent to and related to the content of your Notemark application. Notemark serves relevant ads using a completely automated process that enables Notemark to effectively target dynamically changing content, such as your saved web content within the application. No human will read the contents of your application in order to target such advertisements or other information without your consent, and no application content or other personally identifiable information will be provided to advertisers as part of the Service.
  18. Disclaimer of Information and Warranties
    Notemark Products are provided on an "as is" and "as available" basis with no warranties whatsoever, whether express or implied, including but not limited to any implied warranties of merchantability, non-infringement of third parties' rights, or fitness for a particular purpose. Notemarks, LLC disclaims any and all responsibility or liability for any inaccuracy, error, or omission in the content, text, graphics, links, or communications provided by or through the use of Notemark Products; any interruption or delay in operation; theft, destruction, or unauthorized access to or alteration of any transmission or data. Notemark Products are provided only for informational purposes. No content on our site is intended as a substitute for professional advice, whether medical, financial, legal, or otherwise. Notemarks, LLC and those posting or otherwise providing information on this site are not responsible for any consequences relating directly or indirectly to any action or inaction you take based on the information on our site. Notemarks, LLC does not warrant that the site or service will be uninterrupted, error-free, current, or secure. Notemarks, LLC is not responsible for the online or offline conduct of any user of the Notemark Products.
  19. You expressly agree that your use of this site and downloading and accessing of material or software from this site or received through links provided by this site are at your sole risk and discretion and you will be solely responsible for any damage to computer systems or for loss of data. Notemarks, LLC does not warrant that this site, its servers, software downloaded from this site, or e-mail sent from Notemarks, LLC are free of viruses or other harmful components. We do not warrant that any services or goods received through or advertised on this site will meet your requirements or be accurate, reliable, timely, or useful.
  20. Some states or other jurisdictions prohibit limitations on implied warranties. If these laws apply to you, you may have additional rights.
  21. Limitation of Liability
    Under no circumstances shall Notemarks, LLC be liable for any damages of any kind arising from the use of, inability to use, or reliance on Notemark Products, including but not limited to direct, indirect, punitive, or consequential damages; loss of data or profits; or business interruption, whether based on warranty, contract, tort, or any other legal theory, and whether or not Notemarks, LLC is advised of the possibility of such damages. This limitation also applies with respect to damages incurred as a result of goods or services received through or advertised on Notemark Products.
  22. Some states or other jurisdictions prohibit the exclusion or limitation of liability for incidental or consequential damages. If these laws apply to you, you may have additional rights.
  23. Indemnification
    You agree to indemnify and hold Notemarks, LLC, its affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claims, actions, and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of this Agreement.
  24. Severability
    Please review our other policies. These policies also govern your use of Notemark Products. If any provision or condition of this Agreement is determined to be unenforceable or illegal, then such provision or condition will be enforced to the maximum extent possible and the other provisions and conditions will remain fully in effect.
  25. Entire Agreement
    This Agreement constitutes the entire agreement between you and Notemarks, LLC and governs your use of Notemark Products, superseding any prior agreements between you and Notemarks, LLC. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Notemarks, LLC services, affiliate services, third-party content or third-party software.
  26. Waiver and Severability of Terms
    The failure of Notemarks, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  27. Statute of Limitations
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Notemark Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  28. Choice of Law; Jurisdiction; Forum
    This Agreement will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Baltimore City, Maryland, and you consent to the jurisdiction of such courts. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
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