Last updated: December 30, 2020
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE. The operator of this website, Product Notes Inc. (“Product Notes,” “we,” “our” or “us”) offers access to the website www.productnotes.com (the “Site” or “Website”) conditioned on your acceptance without modification of the terms, conditions and notices contained herein (collectively, “Terms”).
In addition, particular features, applications and activities offered as part of the Site may also be subject to additional terms specified in connection with such features, applications and activities, all of which are incorporated herein by reference.
BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY IN A FORUM IN ATLANTA, GEORGIA, USA. Please review the Applicable Laws and Disputes section of these Terms for complete details.
TABLE OF CONTENTS
- MODIFICATION OF TERMS
- YOUR PRODUCTNOES.COM ACCOUNT
- USER SUBMITTED CONTENT
- CONTRIBUTOR RESPONSIBILITIES
- LIABILITY DISCLAIMER FOR EDITORIAL CONTENT
- RESPONSIBILITY OF WEBSITE VISITORS
- CONTENT POSTED ON OTHER WEBSITES
- COPYRIGHT INFRINGEMENT AND DMCA POLICY
- INTELLECTUAL PROPERTY
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- APPLICABLE LAW AND DISPUTES
From time to time, we may change these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms. Your continued use of the Site following the posting of changes to the Terms indicates your acceptance of those changes. Unless we provide you with specific notice, no changes to the Terms will apply retroactively.
The Site is not intended for use by people who are younger than age 13. Do not use the Site if you are under 13.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Product Notes of any unauthorized uses of your account or any other breaches of security. Product Notes will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
The Site is for your personal, non-commercial use only. You shall not sell or commercially exploit in any manner the Site, access to the Site or any of the content that is featured or displayed on the Site (“Content”). You shall not modify, distribute, transmit, display, perform, reproduce, publish, create derivative works from or transfer any of the Content without our express written permission. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason, including in the event that you violate these Terms, we are unable to verify or authenticate any information you provide to us or we believe that your actions may cause losses to, or legal liability for, you, other users of the Site or us.
You shall not use any robot, spider, scraper or other automated means to access the Site or any website provided as part of the Site for any purpose without our express written permission. You shall not (a) take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our infrastructure, (b) interfere or attempt to interfere with the proper working of any of the Site or © bypass any measures we may use to prevent or restrict access to the Site.
You may be required to create an account to have access to particular features or components of the Site (such as email alerts, personalized content, ability to save content, etc.). If you create an account, you shall (a) provide true, accurate, current and complete information about yourself (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and/or restrict or prohibit your use of the Site or any portion thereof. You are responsible for the security and confidentiality of your password and account and for any and all activities that occur under your account. You shall not share your account information or your user name and password with any third party or permit any third party to log onto the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You shall not create multiple accounts for your own use or open an account for anyone else.
Any comment, material, information or other communication that you post, upload or submit to the Site or that is displayed on the Site at your direction (each a “Communication”) will be considered non-confidential and non-proprietary, and we will be under no obligation to maintain the confidentiality of any Communication.
You are responsible for your Communications. You shall ensure that your Communications do not infringe any copyright or trademark, do not defame or constitute trade libel with respect to any person, entity, product or service, or violate any other rights of any other of another person or entity. You shall be solely liable for any claims, damages or other liabilities resulting from your use of the Site or your uploading, posting, or submission of any Communication or the content of any of your Communications.
Any opinions, advice, statements or other information contained in Communications are those of the author and not of us. We do not endorse or guarantee the accuracy, completeness or usefulness of any Communication. Please do your best to ensure that your own Communications are accurate.
By posting, uploading or otherwise submitting any Communication, you grant to us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, archive, aggregate, distribute, transmit, perform and display such Communication and your name, likeness, voice, statements and endorsements as incorporated therein, in whole or in part, in any manner and in any media, format or technology, whether now or later known or developed, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unlimited right to sublicense such rights, in perpetuity throughout the universe, without any further notice or payment to or permission from you.
We may, but are not obligated to, monitor or review Communications. We are not in any manner responsible for the content of Communications. By providing you with the ability to view and distribute user-generated and/or user-submitted content on the Site, we are not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, we reserve the right to block or remove any Communication, including without limitation any Communication that in our sole discretion we determine violates the Code of Conduct.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Product Notes or otherwise.
The Site contains reviews, opinions and information regarding products and services manufactured or provided by third-parties. We are not responsible in any way for such products and services, and nothing contained on the Site should be construed as a guarantee of the functionality, utility, safety or reliability of any product or services reviewed or discussed on the Site. Please follow the directions provided by the manufacturer or service provider when using any product or service reviewed or discussed on the Site.
Although we use reasonable efforts to ensure that the Content we prepare is accurate and informative, we cannot guarantee the accuracy or completeness of the Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in such Content, any loss or damage of any kind incurred as a result of your reliance on such Content or the use of any product or service reviewed or discussed in such Content.
The Site may from time to time include Content concerning medical or health-related products or services. However, we do not provide medical advice. The reader should consult his or her medical or health professional before adopting any suggestion contained in, drawing any inference from or taking any other action in reliance on any Content that addresses medical or health issues. Please be sure to follow the manufacturer’s directions and comply with the advice of your medical or health professional when using any medical or health-related device or medication or undertaking any health-related activities or program. We are not responsible for any adverse consequences of any medical or health decision or the use of any medical or health-related product or service.
You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning or other advice. You agree that Product Notes is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that Product Notes is not responsible or liable for any decisions or actions you take based on information you receive as a user of Product Notes.
Product Notes has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Product Notes does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Product Notes disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Productnotes.com links, and that link to Productnotes.com. Product Notes does not have any control over those non-Productnotes.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Productnotes.com website or webpage, Product Notes does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Product Notes disclaims any responsibility for any harm resulting from your use of non-Productnotes.com websites and webpages.
As Product Notes asks others to respect its intellectual property rights, as it respects the intellectual property rights of others. If you believe that material located on or linked to by Productnotes.com violates your copyright, and if this website resides in the USA, you are encouraged to notify Product Notes in accordance with Product Notes’s Digital Millennium Copyright Act (“DMCA”) Policy. Product Notes will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Product Notes will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Product Notes or others. In the case of such termination, Product Notes will have no obligation to provide a refund of any amounts previously paid to Product Notes.
This Agreement does not transfer from Product Notes to you any Product Notes or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Product Notes. Product Notes, Productnotes.com, the Productnotes.com logo, and all other trademarks, service marks, graphics and logos used in connection with Productnotes.com, or the Website are trademarks or registered trademarks of Product Notes or Product Notes’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Product Notes or third-party trademarks.
We make no warranties or representations about the accuracy or completeness of any Content or any Communication.
ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND FUNCTIONALITY CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR COMMUNICATIONS IN THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SITE, PRODUCTS, FUNCTIONALITY AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms will be governed by and interpreted in all respects in accordance with the substantive laws of the State of Georgia, without regard to its choice of law provisions. Except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved exclusively in the state or federal courts located in Atlanta, GA. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorneys’ fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site must be commenced within one (1) year after the claim or cause of action arises.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties hereunder to any party at any time.
We make no representation that the contents of the Site are appropriate or available for use in locations outside of United States of America. Access to the Site from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export any Content in violation of U.S. export laws and regulations.
You agree to indemnify and hold harmless Product Notes, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Product Notes and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Product Notes, or by the posting by Product Notes of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fulton County, Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Atlanta, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Product Notes may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.