Terms and Conditions |
Agreement between user and www.notecounselorweb.com |
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Welcome to www.notecounselorweb.com. The www.notecounselorweb.com website (the
"Site") is comprised of various web pages operated by noteCounselor, LLC
("noteCounselor"). www.notecounselorweb.com is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of www.notecounselorweb.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a
copy of them for your reference. noteCounselorweb.com is a web application for the purpose of storing school counseling notes. It is intended to be used by a single user. |
Electronic Communications |
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Visiting www.notecounselorweb.com or sending emails to noteCounselor, LLC
constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communications be in writing. |
Your account |
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If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. You may not assign or otherwise transfer your account to any other
person or entity. You acknowledge that noteCounselor, LLC is not responsible for
third party access to your account that results from theft or misappropriation
of your account. noteCounselor, LLC and its associates reserve the right to
refuse or cancel service, terminate accounts, or remove or edit content in our
sole discretion. noteCounselor, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.notecounselorweb.com only with permission of a parent or guardian. |
Cancellation/Refund Policy |
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www.noteCounselorweb.com is provided free of charge for a period of one month.
After that time you may choose not to renew your subscription. In the event that
you choose not to renew your subscription to www.noteCounselorweb.com you will
not be charged fees. |
No unlawful or prohibited use/Intellectual Property |
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You are granted a non-exclusive, non-transferable, revocable license to access
and use www.notecounselorweb.com strictly in accordance with these terms of use.
As a condition of your use of the Site, you warrant to noteCounselor, LLC that
you will not use the Site for any purpose that is unlawful or prohibited by
these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of noteCounselor, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. noteCounselor, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of noteCounselor, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of noteCounselor, LLC or our licensors except as expressly authorized by these Terms. |
International Users |
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The Service is controlled, operated and administered by noteCounselor, LLC from
our offices within the USA. If you access the Service from a location outside
the USA, you are responsible for compliance with all local laws. You agree that
you will not use the noteCounselor, LLC Content accessed through
www.notecounselorweb.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations. |
Indemnification |
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You agree to indemnify, defend and hold harmless noteCounselor, LLC, its
officers, directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to or
arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. noteCounselor, LLC reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
noteCounselor, LLC in asserting any available defenses. |
Liability disclaimer |
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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. NOTECOUNSELOR, LLC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. NOTECOUNSELOR, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NOTECOUNSELOR, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOTECOUNSELOR, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NOTECOUNSELOR, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. |
Termination/access restriction |
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noteCounselor, LLC reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Virginia and you hereby consent to the
exclusive jurisdiction and venue of courts in Virginia in all disputes arising
out of or relating to the use of the Site. Use of the Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and noteCounselor, LLC as a result of this agreement or use of the Site. noteCounselor, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of noteCounselor, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by noteCounselor, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and noteCounselor, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and noteCounselor, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. |
Changes to Terms |
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noteCounselor, LLC reserves the right, in its sole discretion, to change the
Terms under which www.notecounselorweb.com is offered. The most current version
of the Terms will supersede all previous versions. noteCounselor, LLC encourages
you to periodically review the Terms to stay informed of our updates. |
Contact Us |
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noteCounselor, LLC welcomes your questions or comments regarding the Terms:
noteCounselor, LLC Crozet, Virginia 22932 Email Address: mandy@noteCounselor.com Effective as of February 15, 2013 |
