eNotes Terms of Service
The following is the terms of the agreement between Enotes.com Inc. ("Company") and the buyer or viewer (collectively "Buyer") of goods or services through the Company's Web site (the "Site"). If you do not agree to these terms, you will not be able to purchase or consume any content on the website, so please review these terms carefully:
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. Setup and Payment
If using a credit card, buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes.
3. Membership Plans
Buyer understands that if he or she purchases a membership plan identified as "recurring", "monthly", or "annual", the amount of such charge will be incurred on the monthly or yearly anniversaries of the purchase date, as the case may be, until Buyer cancels the subscription. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
5. Editing, Deleting, and Modification
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
6. Right to Refuse
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.
Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
10. Refund Policy
If a product purchased is defective or not to Buyer's satisfaction, Buyer can notify Company within 7 days of purchase or charge. In such event, Company shall provide Buyer a credit for other purchases from the Site or issue a refund.
11. Use of Information
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer's use of the Site and all information provided by Buyer, subject to applicable law.
12. Questions and Answers/Discussion Posts
The answers presented on eNotes are general ones. They should not be construed to be absolute and universal recommendations or legal/medical/personal advice on any given situation. We disclaim any responsibility for any adverse consequences that result from following the guidelines outlined here without first seeking legal/medical/personal advice, from undetected errors, or from misinterpretation by the reader.
You understand that by contributing questions or answers or discussion board postings on the Site, you are granting Company a a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with services offered or to be offered by the Company. Such license will apply to any format, media, or technology now known or later developed.
Deletion of any questions, answers, or other user contributed content, with the exception of the Document Exchange (Section 12 below) is at sole discretion of the Company.
13. User Contributed Content (Document Exchange)
Digital Millennium Copyright Act. Company will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Company will promptly terminate without notice any content deemed to be in violation of the DCMA and reserves the right to suspend any account that violates the terms of the DMCA.
License Grant to Upload. The Company hereby grants to you a personal, limited, non-exclusive, non-transferable, and freely revocable license to use the Site for the uploading and distributing of digital content, including electronic documents ("User Content"), provided that you have the appropriate rights to upload such content (See “Warranties” below). You upload content at your own risk, and the Company cannot guarantee that there will be no unauthorized use of your content. Under no circumstances will the Company be liable for any unauthorized copying of User Content. This grant is subject to all other terms and conditions in this Terms of Service.
License Grant to Download. The company hereby grants to you a personal, limited, non-exclusive, non-transferable, and freely revocable license to view and download User Content on the Site. This grant is subject to all other terms and conditions in this Terms of Service.
Ownership Rights Retained. All ownership rights in User Content which you own is retained by you. By contributing User Content you grant a license to the Company which is detailed below, but you do not forfeit any of your ownership rights.
License Grant to Company. Unless a valid written agreement between you and the Company exists, by distributing User Content through the Site you grant to the Company a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with services offered or to be offered by the Company. Such license will apply to any format, media, or technology now known or later developed. You warrant that such User Content is free from any digital rights management, such as but not limited to any software that limits the ability of the User Content to be copied, downloaded, or played. You understand that the Company may display advertising alongside your User Content, or may charge users in the future for the opportunity to view the collection of User Content that it hosts, for the Company’s sole benefit, and that you now and forever waive any claim to any money earned by the Company for said advertising or subscriber fees.
This license terminates once you request deletion of the User Content, with the exception of content covered in 11 (Question and Answer and Discussion Content) or when the Company at its sole discretion removes the User Content from the site.
User Content Warranties. By contributing your User Content, you represent and warrant that 1) You are the owner or have the necessary rights or permissions to use and to authorize the Company to use your User Content, 2) Your User Content does not violate any third party rights, including but not limited to intellectual property rights such as copyright, trademark, or patent rights, and 3) Your User Content does not contain malicious software or code.
License Grant to other users. You grant to each user that is authorized to access your User Content a non-exclusive license to access and use your User Content under the terms agreed by you when you uploaded such User Content. At a minimum, you grant to each user that is authorized to access your User Content a limited, non-exclusive, personal license to view and download such User Content in the manner contemplated by these Terms of Service.
Once your User Content is deleted, the foregoing grant to other users terminates, with the exception of rights that arose by virtue of distributions that took place before the deletion of the User Content.
Disclaimer. You understand that when using the Site and accessing User Content, the Company is not responsible for the accuracy, usefulness, or intellectual property rights relating to such User Content. You further understand that you may be exposed to User Content that is inaccurate, offensive, indecent, and you agree to waive any legal or equitable rights or remedies you may have against the Company. The Company makes no endorsement of User Content.
Prohibited Conduct. By using the site you agree not to:
- Distribute any defamatory, libelous, or inaccurate User Content.
- Distribute any User Content or other content that is unlawful or that a reasonable person could find to be objectionable, offensive, or indecent, including pornographic material.
- Make or distribute any unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Site.
- Use the Site if you are under the age of thirteen (13) years old.
This Contract shall be treated as though it were executed and performed in Seattle, Washington, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Washington (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in King County, Washington, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.