Last updated: June 29, 2016

Welcome to NoteBowl!


Definitions:

"Educational institution" refers to an entity that acts as an intermediary between you as a user and NoteBowl. Any entity that creates or transfers in any way user account information to NoteBowl for any purpose beyond that entity's own personal and singular use shall be considered an educational institution.

Thank you for choosing to use the platform, products, and services (hereafter, the “Services”) made available to the user (“you” or “your”) by or on behalf of NoteBowl Inc. (“NoteBowl” or “us” or “we”). The following Terms and Conditions of Service (“Terms”) constitute a binding agreement between you and NoteBowl and govern your registration, access and use of the Services through the notebowl.com website (“Website”) or any mobile app that we may make available (“App”).

These Terms of Service provide default provisions regarding your usage of NoteBowl Services. However, provisions in contracts between NoteBowl and you or NoteBowl and third parties through which you have NoteBowl access shall take priority over the provisions enumerated here. Agreements between your Educational Institution and NoteBowl shall have the highest priority; please contact your Educational Institution for any such provisions.

By registering to access or otherwise using the Services, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not register to use or otherwise use the Services as such registration or use will require your agreement to these Terms. Please read them carefully, and print a copy of these Terms for your reference.

We may need to update the App or the software that facilitates the Website from time to time. We will notify you if you need to download or install any updates or upgrades or in the event that any additional features become available.

Privacy Policy:


NoteBowl's Privacy Policy contains important information about the information we receive about you, the information we may collect from you, how we use your information and how we disclose your information, including our collection and use of cookies and information about your device, and how you may opt out of certain uses of your information. By registering or otherwise using our Services, you agree to the terms of NoteBowl’s Privacy Policy and the data practices described in our Privacy Policy.

Your NoteBowl Account:


There are two ways that you may obtain an account. The first is you may request an account directly from NoteBowl by completing our registration page and submitting your request for an account. The second is that your NoteBowl account may be assigned to you by an educational institution affiliated with NoteBowl, who has requested an account on your behalf. NoteBowl accounts are not transferable.

If your account was assigned to you by an educational institution, different or additional terms required by your educational institution may apply. In addition, the administrator for your educational institution will be able to access or disable your account and may monitor compliance with any additional terms and conditions. It is your responsibility to be aware of these differing terms and conditions imposed by your educational institution. For additional information, you can contact the NoteBowl administrator that is assigned to your educational institution through the support feature that is built into your account.

To protect your NoteBowl account, keep your password confidential. You are responsible for the activity that happens on or through your account. Do not reuse your NoteBowl account password on third-party applications to help protect the security of your account. If you learn of any unauthorized use of your password or NoteBowl account, you must reset your password and notify NoteBowl or your system administrator immediately.

You may only open a NoteBowl account for yourself and may not provide any information to us to open an account for any third party. You warrant and represent that the information that you provide to us is your information and is accurate. In the event of any updates to your information, you agree to update your account records to correct your information. Failure to do so may result in the Services failing to work properly.


Breach of these Terms and Conditions:


Without prejudice to NoteBowl's other rights under these terms and conditions, if you breach these Terms in any way or NoteBowl otherwise reasonably suspects a breach of these Terms, NoteBowl may suspend or terminate your access to the Services and take any such action as NoteBowl deems appropriate to deal with the breach, which may include blocking your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you. You agree that you will abide by any suspension or halting of our Services to you. If you believe you have been found unfairly to have committed misuse or misconduct or another violation of these Terms, you can contact NoteBowl for further information.


Termination of the Services:

NoteBowl reserves the right to terminate or suspend all access to the Services and discontinue providing the Services at any time. NoteBowl makes no representation or guarantee that they Services will continue to be available, either through your education institution or otherwise.

In addition, NoteBowl has no control or authority over any educational institution and any educational institution may elect to terminate your access to NoteBowl or may cease the provision of NoteBowl Services to you at anytime.

NoteBowl has no liability to you for any suspension or termination of your account or the Services as contemplated by these Terms.


License to Use Services:


You must not use the Services for any purpose other than as permitted by these Terms, and any such misuse will be deemed a breach of these Terms.

You may not interfere with our Services or try to access the Services using a method other than the Website or App.


Permitted Uses and Restrictions:


You may use our Services only for lawful purposes to:

  • access and view documents made available to you by a third party;
  • download content from the Services as such content is made available to you by a third party; and
  • communicate and share information with individuals and groups that you have joined or to which you been provided access via NoteBowl.


You must not:

  • sell, rent or sub-license material from the Services or otherwise use materials shared to you via NoteBowl without the prior express permission of the individual or group who shared such material to you;
  • reproduce, duplicate, copy or otherwise exploit material on the Services for a commercial purpose;
  • edit or otherwise modify any material on the Services;
  • republish or redistribute material from the Services, except for content specifically and expressly made available to you for redistribution as may be indicated by the provider of such material;
  • modify, create derivative works of, decompile, or otherwise attempt to extract source code from us;
  • use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services;
  • use the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to: performing denial of service attacks, taking actions that slow or crash the network, using an account other than your own, or exceeding the access granted to your account;
  • use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including but not limited to scraping, data mining, data extraction and data harvesting) on or in relation to the Services;
  • use the Services to conduct any commercial activity, including but not limited to transmitting or sending unsolicited commercial communications, for either yourself or on behalf of a third party; or
  • use the Services for any purpose related to marketing.


Mobile Devices:


The Services and/or some of their features may be accessible on mobile devices either via the Website or the App. You must not use the Services in a way that distracts you and prevents you from obeying traffic, safety, or other laws. Your mobile carrier’s rates and fees will apply.


Intellectual Property Rights:

The Website and App are proprietary to NoteBowl and are protected by copyright, trademark, and other laws.

NoteBowl may elect to make certain content and information available to you via the Services (“NoteBowl Content”). As between you and NoteBowl, NoteBowl retains all rights in the NoteBowl Content and the Services. NoteBowl grants you a limited, revocable, non-sublicensable, and non-transferable license to reproduce and display the NoteBowl Content solely for your personal use in connection with the Services as contemplated by these Terms.

The Services also contain content of other subscribers and users of the Services, such as your educational institution or other NoteBowl users (“Third Party Content”). This Third Party Content is and remains owned by the other third party subscribers and users that submit such Third Party Content. NoteBowl has no liability or responsibility for any Third Party Content.

All content made available via the Services, whether NoteBowl Content or Third Party Content may be subject to copyright protection and should not be used for any purpose other than the specific purpose that content was provided without the express permission of the owner of that document or content.

Content Submissions:


NoteBowl is a user friendly and educational tool, and users must not post any pornographic, violent, offensive, libelous, slanderous, defamatory, discriminatory, hateful, threatening, provocative, or illegal content, whether actual or simulated. Users should report such content immediately so that NoteBowl can remove such content and pursue other action as appropriate. You must not bully, stalk, intimidate, or harass any user.

The Services allow you to submit your own content, including but not limited to photos, videos, reports, documents, and chat content (“User Content”). Your User Content must not infringe intellectual property rights. By uploading User Content you warrant and represent that such User Content is your original creation and submission. If your User Content is not original to you, it is your responsibility to make sure that you have permission from the content owner to submit any content as User Content as contemplated by these Terms. It is also your responsibility to make sure that you have the ability to grant NoteBowl a license for any content that you submit as set forth below.

You retain ownership of any intellectual property rights that you hold in the User Content you submit. When you upload or otherwise submit User Content to our Services, you give NoteBowl a nonexclusive, sub-licensable, worldwide, irrevocable, royalty-free, fully paid-up right and license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such User Content via NoteBowl. This license continues even if you stop using NoteBowl as we cannot control any downloads that user may have made of your User Content prior to your termination of the Services.

When you submit or publish User Content using the Services, you allow all other users to access and use that User Content and to associate that User Content with you and your identity unless you change the privacy settings. The privacy settings can be changed for various features and content.

DMCA and Copyright Policy:

NoteBowl values intellectual property rights and abides by the federal Digital Millennium Copyright Act (“DMCA”). In compliance with the DMCA and other applicable laws, NoteBowl will timely respond to alleged infringement notices by removing or disabling access to Third Party Content or User Content that is claimed to be infringing.

To file a notice of infringing material, please provide a written notification containing ALL of the following details as required by 17 USC 512 (c)(3)(A):

  1. Reasonably sufficient details to enable us to identify the copyrighted work or list of works claimed to be infringed, for instance, the title, author, and copyright registration number of the work or works;
  2. Reasonably sufficient detail to enable us to identify and locate the claimed infringing material within the Services, for example, a link to the page that contains the material;
  3. Your contact information, such as an address, telephone number, and an email address;
  4. A statement that you have a good faith belief that the use of the material identified in your notice is not authorized by the copyright holder, its agent, or the applicable laws;
  5. A statement that the information in the notice is accurate, under penalty of perjury, and that you are authorized to act on behalf of the copyright owner whose work is allegedly infringed; and
  6. Your physical or electronic signature.

The written notice must be sent by mail, fax, or email to:

NoteBowl

DMCA Agent: Andrew Chaifetz

1475 N. Scottsdale Road, Suite 200

Scottsdale, AZ 85257

480-884-1888

[email protected]

Counter-Notification:

If the material that you have posted on NoteBowl has been removed as the result of a takedown notice, you may file a written counter-notification as permitted by 17 USC 512(g)(3) that contains ALL of the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. A statement that you consent to the jurisdiction of the Federal District Court of the judicial district in which you reside (or, if your address is outside the United States, for any judicial district in which NoteBowl may be found), and that you will accept service of process from the Infringement Notice complainant;
  4. Your name, address, telephone number, and if available, an email address; and
  5. Your physical or electronic signature.

Warranty:

You warrant and represent to NoteBowl that (a) all registration information contained in your account is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least eighteen (18) years of age or older and not otherwise prevented from entering into these Terms with NoteBowl; (d) any User Content submitted by you or via your account will comply with these Terms; and (e) your use of the Services will be solely for your personal, educational use and solely for lawful purposes as permitted by these Terms.


Links to Other Websites:


The Services may include links to other websites and online resources that are not owned or controlled by NoteBowl. NoteBowl has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. You should read the entire terms and conditions and privacy policy of any site that you visit.

NoteBowl does not control content hosted on other websites, and cannot remove content from sites that we do not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content on NoteBowl please contact the third party website administrator directly to have the content removed.


Warrant Disclaimer:


The Services, Website, and App, and all NoteBowl Content, User Content and Third Party Content are provided “as is” without any representations or warranties, express or implied. NoteBowl makes no representations or warranties in relation to the Services, Website, App or the NoteBowl Content, the User Content or Third Party Content and expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and any warranties arising from a course of dealing or usage in trade. NoteBowl assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization.


NoteBowl does not assert, represent, warrant, or GUARANTEE that:

  • the Services will be constantly available, or available at all; or
  • the information available via the Services is complete, true, accurate or non-misleading.


Nothing on the Services constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matters, you should consult an appropriate professional.


Limitations of Liability:


Neither NoteBowl nor any of its officers, representatives, directors, employees, consultants, or agents will be liable to you (whether under the law of contact, the law of torts or otherwise) for any of the following to the extent arising from or related to your access to or use of the Services or any Content:

  • to the extent that the Services are provided free-of-charge, for any direct loss or damage;
  • for any indirect, special, punitive, exemplary or consequential loss or damage; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.


These limitations of liability apply even if NoteBowl has been expressly advised of the potential loss or damage or such loss or damage was otherwise foreseeable.

Notwithstanding the above, in no event will NoteBowl’s (or any of its officers’, representatives’, directors’, employees’, consultants’, or agents’) liability to you exceed One Hundred Dollars ($100.00) even if such remedy should fail of its essential purpose.

Exceptions:

Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and some jurisdictions do not allow the limitations of certain liabilities, so the above terms may not apply to you.


Reasonableness:

By registering to use the Services or otherwise using the Services, you agree that the exclusions and limitations of liability set out in these Terms are reasonable and fully agreeable to you. You understand that the exclusions and limitations of these Terms are fundamental terms without which NoteBowl is not willing to enter into this agreement with you.

Indemnity:

You agree to indemnify and hold harmless NoteBowl and any of its officers, representatives, directors, employees, consultants, and agents from and against any losses, damages, costs, liabilities and expenses (including without limitation attorneys’ fees and any amounts paid by NoteBowl to a third party in settlement of a claim or dispute) arising from or incurred as a result of any claim, allegation, lawsuit or demand based upon or as a result of (i) any actual or alleged breach by you of any provision of these Terms, (ii) any unlawful use or misuse of the Services or any content made available to you via the same, or (iii) any allegation that the User Content you submit is unlawful or otherwise infringes the proprietary rights of any third party. NoteBowl will have the exclusive right to control the defense and/or settlement of any such claim and you agree to cooperate with any such defense at your own expense and cost. You may obtain your own counsel to participate in any such defense or settlement at your own expense and cost.

Amendment:

NoteBowl may modify or amend these Terms at any time upon notice to you. By accessing the Services following posting of changes to the Terms, you agree to all such changes.

Severability:

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the offending provision will be stricken and the other provisions will continue in effect to be enforced to the fullest extent permitted by law.

Entire Agreement:


These Terms, together with the Privacy Policy and the Website Terms of Use and any other online terms or policies as may be made available for review from time to time, if any, constitute the entire agreement between you and NoteBowl in relation to your use of the Services, and supersede all previous agreements in respect of your use of the Services.


Interpretation and Disputes:

These Terms are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. Venue is exclusive in the state and federal courts with jurisdiction in Maricopa County, Arizona with respect to any dispute arising under these Terms. If there is a dispute, the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator may modify such provision to the minimum extent necessary to make an invalid provision enforceable and valid. If modification is impossible or impracticable then the provision will be severed, and the remaining terms of these Terms and Conditions will be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to these Services, Website, or App must be commenced within one (1) year after the action or claim arises.

Any claim or proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED, AT NOTEBOWL’S SOLE DISCRETION, THROUGH INDIVIDUAL CLAIMS OR ARBITRATION.

Mandatory Arbitration:

Any claim, dispute, or controversy arising from or relating to the Services or these Terms (or any prior agreement between you and us with respect to the Site), or the relationships which result from this Agreement (whether a tort or statutory claim, or a claim seeking monetary, equitable, or other relief) (“Claim”), will be, upon the election of us, resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any such arbitration will take place at a location within the United States federal judicial district in which you reside and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY MAY HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. Notwithstanding the foregoing, NoteBowl may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Site or systems, without the posting of a bond, proof of damages or other similar requirement.

The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.


Contact Information:


NoteBowl Inc. is a Delaware corporation. If you have any other questions or concerns regarding these Terms, please contact NoteBowl at: [email protected] or by mail:

NoteBowl (Terms and Conditions of Service)

1475 N. Scottsdale Road, Suite 200

Scottsdale, AZ 85257

or by phone at: 520-333-7474.

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