Terms of Use

PowerNotes.com Terms and Conditions of Use

1. Terms

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.

2. Use License

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:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on PowerNotes LLC’s web sites or mobile applications;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

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.

3. Warranties and Disclaimers

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.

4. Liability for our Services

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.

5. Revisions and Errata

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.

6. Feedback and Idea Submission

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.

7. Links

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.

8. Site Terms of Use Modifications

PowerNotes LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

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.

10. Arbitration

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.

11. Copyright Policy

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:

Copyright Agent
PowerNotes LLC
118 North Peoria Street
Suite 3N
Chicago, IL 60607
contact@powernotes.com

PowerNotes LLC suggests that you consult a legal advisor before submitting such a notice.

12. Waiver, Severability & Assignment

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.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their “Personally Identifiable Information” (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect, or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, purchase upgrades, or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested
  • To quickly process your transactions
  • To send periodic emails regarding your order or other products and services
  • To follow up with you after correspondence (live chat, email or phone inquiries)

How do we protect your information?

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember user preferences. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  • Understand and save user's preferences for future visits
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We may use Google AdSense Advertising on our website.

Google, as a third-party vendor, may use cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following Demographics and Interests Reporting.

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

  • Users can visit our site anonymously.
  • Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
  • Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes on our Privacy Policy Page.

You can change your personal information:

  • By emailing us
  • By logging into your account
  • By chatting with us or by sending us a support ticket

Does our site allow third-party behavioral tracking?

It's also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action should a data breach occur: we will notify you via email within 7 business days or our discovery of the data breach.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders
  • Send you additional information related to your product and/or service or related products and services
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in accordance with CANSPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses
  • Identify advertisements as an advertisement in some reasonable way
  • Include the physical address of our business or site headquarters
  • Monitor third-party email marketing services for compliance, if one is used
  • Honor opt-out/unsubscribe requests quickly
  • Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can email us through this form and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

PowerNotes LLC 118 N. Peoria St., Suite 3N Chicago, Illinois 60607 USA

Or through this form.

Last Edited on 2017-02-14