By checking the box, and accessing the products and services (the “Services”) provided by PowerNotes LLC (including powernotes.com and PowerNotes), you (“User”) are agreeing to be bound by these web site and mobile application Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
Permission is granted to use the materials (information or software) on PowerNotes LLC’s web site or mobile applications for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by PowerNotes LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER POWERNOTES LLC NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT OUR SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN OUR SERVICES, THE SPECIFIC FUNCTION OF OUR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR SERVICES “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, POWERNOTES LLC, AND POWERNOTES LLC’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF POWERNOTES LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT, IF ANY, YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU OUR SERVICES AGAIN).
IN ALL CASES, POWERNOTES LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
The materials appearing on PowerNotes LLC’s web site could include technical, typographical, or photographic errors. PowerNotes LLC does not warrant that any of the materials on its web site are accurate, complete, or current. PowerNotes LLC may make changes to the materials contained on its web site at any time without notice. PowerNotes LLC does not, however, make any commitment to update the materials.
User acknowledges and agrees that User may be providing and submitting feedback, statements, suggestions and ideas (“Ideas”) in connection with User’s use of the web site or Services to PowerNotes LLC which PowerNotes LLC may use in future modifications of the web site, Services, multimedia works and/or advertising and promotional materials relating thereto.
User acknowledges and agrees that submission of Ideas to PowerNotes LLC, either orally or in writing, will not in any way establish a confidential relationship with PowerNotes LLC, nor will it place PowerNotes LLC in the position of receiving a disclosure in trust. PowerNotes LLC will not be obligated and makes no commitment to treat or maintain Ideas that User submits as confidential. In addition, User does not expect any type of payment or remuneration from PowerNotes LLC for Ideas. User hereby assigns and agrees to assign to PowerNotes LLC all rights and title in the Ideas and the subject matter of the Ideas, including, but not limited to, all patents, copyrights, trade secrets or other intellectual property rights in or covering the Ideas and the subject matter of the Ideas. No obligation is assumed or may be implied on the part of PowerNotes LLC by receipt or examination of the idea submission to use the Ideas, compensate User or otherwise enter into another agreement with User.
PowerNotes LLC’s Services may contain links to third-party web sites, advertisers, services, special offers, or other events or activities that are not owned or controlled by PowerNotes LLC. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party web site, service, or content from PowerNotes LLC, you do so at your own risk and you agree that PowerNotes LLC will have no liability arising from your use of or access to any third-party web site, service, or content.
Any claim relating to or arising under or in connection with PowerNotes LLC’s web site shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions.
In the event that PowerNotes LLC has not been able to resolve a dispute it has with User after attempting to do so informally, both User and PowerNotes LLC agree to resolve any claim, dispute, or controversy (excluding any PowerNotes LLC claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Chicago, Illinois, under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing PowerNotes LLC from seeking injunctive or other equitable relief from the courts as necessary to protect any of PowerNotes LLC’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. USER AGREES THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS OF USE, USER AND POWERNOTES LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If User believes in good faith that materials on the PowerNotes LLC site infringe User’s copyright, User (or User’s agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (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 copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PowerNotes LLC to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of 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.
Notices and counter-notices should be sent to:
820 West Jackson Boulevard
Chicago, IL 60607
PowerNotes LLC suggests that you consult a legal advisor before submitting such a notice.
PowerNotes LLC’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, then the remaining provisions of these Terms and Conditions of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. User may not assign any of User’s rights under these Terms and Conditions of Use, and any such attempt will be void. PowerNotes LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
No refunds will be offered on canceled subscriptions. Paid subscriptions are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. We reserve the right to issue refunds or credits at our sole discretion, or as required by applicable law. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
When you cancel your Premium subscription, your subscription won’t change until your current billing cycle ends. Once your subscription runs out, your subscription will be canceled, and your account will automatically revert to a Free account. None of your data will be lost, and you will maintain access to all of your projects on a limited basis.
If you have any questions or concerns before canceling your PowerNotes subscription, feel free to contact us to speak with a support representative.
Last updated March 17, 2020
Thank you for choosing to be part of our community at PowerNotes LLC, doing business as PowerNotes (“PowerNotes”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at firstname.lastname@example.org.
In Short: We collect personal information that you provide to us such as name, email address, and password.
We collect personal information that you voluntarily provide to us when registering for the Services or Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or Apps, or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Services or Apps, the choices you make, and the products and features you use. The personal information we collect can include the following:
Personal Information Provided by You. We collect your name, email address, app usage, and other similar data.
Credentials. We store passwords created by users and similar security information used for authentication and account access.
Social Media Login Data. We provide you with the option to register using social media account details, like your Facebook, Google or school single-sign-on account. If you choose to register in this way, we will collect the Information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS" below.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services or Apps.
We automatically collect certain information when you visit, use, or navigate the Services or Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Services or Apps, and for product improvement, our internal analytics, and reporting purposes.
We automatically collect and store certain information as directed by you during the course of your use of the Services or Apps. This information can include content that you save along with URLs for such content, annotations that you make, topics that you create, and other information necessary for you to use the Services or Apps. This information is needed to provide our Services.
In Short: We may collect information regarding your mobile device, push notifications, when you use our apps.
If you use our Apps, we may also collect the following information:
Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, storage, social media accounts, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our Services for you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services or Apps for a variety of business purposes described below. We process your personal information for our legitimate business interests in order to perform the Services for you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
In Short: We only share information with your consent, to comply with laws, to provide you with Services, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal basis:
More specifically, we may need to process your data or share your personal information in the following situations:
In Short: We only share information with the following third parties.
We only share and disclose your information with the following third parties. We have categorized each party so that you may easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.
In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
Our Services or Apps offer you the ability to register and login using your third party social media account details (like your Facebook or Google logins) or your school’s single-sign-on service. Where you choose to do this, we will receive certain profile information about you from your social media provider or school. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name and email address as well as other information you choose to make public.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We encrypt user data in transit and when it is stored in the cloud, following industry best practices and OWASP recommended encryption algorithms. We also implement organizational security measures to prevent access by unauthorized individuals, and routinely perform audits to enforce these measures.
However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services or Apps is at your own risk. You should only access the services within a secure environment.
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services or Apps, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services or Apps. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at email@example.com.
In Short: You may review, change, or terminate your account at any time.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you have questions or comments about your privacy rights, you may email us at firstname.lastname@example.org.
If you would at any time like to review or change the information in your account, or terminate your account, you can:
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
A privacy breach occurs when there is unauthorized access to, or collection, use, disclosure, or disposal of personal information. You will be notified about data breaches when PowerNotes LLC believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that PowerNotes LLC becomes aware of a security breach which has resulted or may result in unauthorized access, use, or disclosure of personal information, PowerNotes LLC will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services or Apps, you have the right to request removal of unwanted data that you publicly post on the Services or Apps. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services or Apps, but please be aware that the data may not be completely or comprehensively removed from our systems.
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
If you have questions or comments about this policy, you may email us at email@example.com or by post to:PowerNotes LLC
Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.