By using or downloading any materials from this Site, or signing up for a Note Taking Express account, you agree to these Terms and Conditions. In addition, you agree to the applicable Supplemental Terms by using or downloading materials from that Additional Service .
1. Copyrighted Information and Copyright Agent.
Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained on any page within this Site are copyrighted by Note Taking Express or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of Note Taking Express. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to the IEEE, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppels, implication or otherwise. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. Note Taking Express MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.
Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of Note Taking Express is strictly prohibited.
Note Taking Express respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Note Taking Express's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; d. Information reasonably sufficient to permit us to contact the complaining party; e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Notice With Regard to Documents on this Site.
Permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the "Documents") is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from this Site is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
4. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND Note Taking Express MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. Note Taking Express DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. Note Taking Express DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. Note Taking Express RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. Note Taking Express MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. Note Taking Express IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER Note Taking Express NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST Note Taking Express FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
5. Links to Third Party Sites.
Any other web sites that are accessible via any link on this Site are not under the control of Note Taking Express. Note Taking Express is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Note Taking Express provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply the Note Taking Express's endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
6. References to Products or Services.
Information published by Note Taking Express on the Site may contain references or cross references to Note Taking Express products or services that are not announced or available in your country. Such references do not imply that Note Taking Express intends to announce such products or services in your country. Please contact Note Taking Express Customer Support for information regarding the products and services that may be available to you.
7. User Input.
Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be confidential and Note Taking Express shall have the obligation to maintain the confidentiality of such information. Further, Note Taking Express shall not be entitled to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other Note Taking Express publications, and developing, manufacturing, and marketing products using such information without out prior written consent.
8. Governing Law; Venue for any Proceedings.
Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any Note Taking Express products or Note Taking Express services offered on or accessed via the Site, shall (i) be governed by the law of the Province of Alberta and controlling Canada federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the Province of Alberta. Each party consents to and waives any objection to the exclusive personal jurisdiction and venue of such Provincial and Federal courts.
9. Complete Agreement; Changes to the Terms and Conditions.
These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Note Taking Express shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
10. Cancellation Policy.
Services can be cancelled at anytime. Upon cancellation Note Taking Express will terminate all subsequent billing. Your Note Taking Express account will cease to be available for use upon cancellation. Your account will be deleted one day after notification of cancellation. Under no circumstances will Note Taking Express issue refunds for service payments.
Note Taking Express may terminate this agreement at any time. Upon termination, you agree to cease all use of this Site. Without limiting the foregoing, Note Taking Express shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which Note Taking Express, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 4, 8, 10 and this Section 11 shall survive any termination of this agreement.
Contact Information You can contact us about this privacy statement by writing or email us at the address below:
Note Taking Express
P.O. BOX 995
Lethbridge, Alberta, Canada T1J-4A2