Faqs

Terms and Conditions

THE AGREEMENT: The use of this website and services on this website provided by NotePad Inc (notepd.com referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this website ("Services").

DEFINITIONS

"Agreement" denotes this Terms and Conditions and the Privacy Policy and other documents provided to you by the website.

"We," "us," and "our" are references to NOTEPD.COM.

"User," "You," and "your" denotes the person who is accessing the website for taking or availing of any service from us. User shall include the Company, partnership, sole trader, person, body corporate, or association taking services of this website.

" Website" shall mean and include notepd.com and any successor Website of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see "Changes to these Terms" below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND NOTEPAD INC.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

PRIVACY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Company Privacy Policy. We view the protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing into your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see our Company Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

ACCOUNTS AND PROFILES

General. Once you have registered with the website as a Registered User, the website will create your Account with Company and associate it with an account number. You may create a profile under your Account, Username, and Password. During registration, you will be asked to choose a username and password for the account. As a Registered User, you agree, and you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access this website. You authorize Company to assume that any person using the website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the account.

SERVICE

The Services and the Platform are only for people 13 years old and over.

For us to provide Notepd.com to you, we may require virtual access to and/or use of your relevant device (e.g., mobile phone, tablet, or desktop computer) that you use to access Notepd.com – for example, we may need to use your device's processor and storage to complete the relevant Notepd.com App, or we may need to access your contact list to provide certain interactive functions within Notepd.com.

We will provide further information regarding how Notepd.com uses and accesses your device within Notepd.com or in another manner (e.g., via the relevant app store as part of the installation process for Notepd.com on your device). You agree to give us such access to and use of your device, and you acknowledge that if you do not provide us with such right of use or access, we may not be able to provide Notepd.com (or certain features within Notepd.com) to you.

We agree to provide you with the Notepd.com Service. The service includes all of the Notepd.com features, applications, services, technologies, and software that we provide to advance Notepd.com's mission: To carry and bring you nearer to individuals and things you love in your life. The service is made up of the following aspects

Offering customized freedoms to make, associate, impart, find, and offer.

People are different. We want to strengthen your relationships through shared experiences you care about. So, we build systems that try to understand who and what you and others care about and use that information to help you create, find, join, and share experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in and offering ways for you to experience Notepd.com based on things you and others do on and off Notepd.com.

The Services allow you to create, publish and share text post messages and to consume content other users have created and interact with those material and other users.
Create and share content: In particular:
You can edit content and enrich them with filters and additional elements.
You can also include content from other users in your content, provided the creator of the respective content allows the use of their content for such purposes. Other users can use your content in their content if you allow the use of your content for such purposes.
You can publish text posts in the Services so that other users can consume your material. Any content you publish publicly will be available on the website.
We create and use tools and offer assets to individuals that help to make their encounters positive and comprehensive, including when we figure they may require help. We likewise have groups and frameworks that work to battle misuse and infringement of our Terms and approaches, just as hurtful and beguiling conduct. We utilize all the data we are have-including your data, to attempt to keep our foundation secure. We likewise may share data about abuse or unsafe substance with other law authorization.

Creating and utilizing innovations that assist us with serving our developing local area.

Organizing and analyzing information for our growing community is central to our service. A big part of our service is creating and using cutting-edge technologies that help us personalize, protect, and improve our service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our service. Automated technologies also help us ensure the functionality and integrity of our service.

You can share your text or post with others that have enabled sharing via various messaging services and on third-party social media platforms (e.g., Twitter, GETTR) in accordance with the respective terms of service.
You can enter a content description, tags, and various privacy settings when publishing a post.
You can enter a short biography text and profile picture in your public user profile.

Giving predictable and consistent encounters across the platform

Notepd, which shares technology, systems, insights, and information, including the information we have about you, to provide services that are better, safer, and more secure.

You can consume content and material that other users have shared publicly or by users you follow.
The service provides you with a customized "For You" page in which the service selects content and material to show you based on what the service determines could be interesting for you. For further information, please see the Privacy Policy.
The service provides other ways to find content for you to consume, e.g., a list of other user's content on their profile, a search function, and category selection.
Interact with other users: You can interact with users' content and other users. In particular:
Direct messages: You can send direct messages to users if they follow you.
Likes: You can like content and material.
Comments: Subject to users' settings, you can post comments on their content and material.

Follows: You can follow users. If users restrict their profile, you can only follow users if they approve your request to follow.

Ensuring access to our service.

To operate our global service, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our service.

Research and innovation.

We use the information we must develop, test, improve our service and collaborate with others on research to make our service better and contribute to the well-being of our community. This includes analyzing the data we have about our users and understanding how people use our Services, for example, by conducting surveys and testing and troubleshooting new features.

SEELING ON NOTEPD

The Seller is responsible for maintaining up-to-date information pertaining to their business on Seller Center, such as, but not limited to, address and bank account number. NotePD is not responsible for any liability arising from incorrect information supplied by the Seller.
The Seller shall be solely responsible for the safety and security of its password and shall not disclose its password to any third party. The Seller is solely responsible for any use of, or action taken under the password and shall fully indemnify NotePD from any damages or injury resulting from any unauthorized use of its password.
Any correspondence or communication received through the Seller Center and/or appointed email address shall be presumed to originate from and have been made with the approval of the Seller, and NotePD shall be entitled to rely on such correspondence or communication.
Every message sent to the Seller through his registered email in the Seller Center account or via Seller Center, which did not receive an answer or written objection within 72 hours, will be worth an agreement between NotePD and the Seller.
The Seller shall complete a training module to be ready for operating on the platform. The Seller must pass this training and implement the learnings in their operations to start selling via NotePD.

SELLER PERFORMANCE

The Seller agrees to respect and follow NotePD's Policies and terms to operate their services smoothly and avoid the consequences of breaching the policy.
The Seller agrees to respect and follow NotePD' Policy and Terms of service. If any changes occur in the policy, the Seller will be informed via email.
NotePD measures Seller performance on an ongoing basis and will share a weekly performance report with the ops score of the respective Seller:
NotePD will rank the Seller based on performance. There are daily order limits associated with each rank.
NotePD may, at any time, delist, downgrade, or upgrade the Seller depending on commercial and operational performance without any prior notice to the Seller.
Upon delisting, the Seller may need to go through the training module again to re-list on NotePD' Platform. NotePD retains the right to blacklist Sellers who repeatedly breach delisting thresholds and retains sole discretion on how the re-listing process is managed.
NotePD may, at its discretion, certain exempt Sellers from the daily order limitations and delisting criteria. These Sellers may instead be charged financial penalties if performance does not meet the Standard Ops Score. These financial penalties may be deducted from the payout released to the Seller as per payment terms. Offenses that can lead to Penalties include, but are not limited to, the following:
- Cancellations and orders
- Slow fulfillment of orders
- Selling counterfeit and illegal services

Seller Obligations to Customer Service

NotePD may forward questions or complaints received by NotePD's Customer Service department regarding any sold Services(s) to the Seller. The Seller shall be obliged to respond to NotePD on all such questions or complaints within thirty (30) hours of the receipt of such questions or complaints.
On receiving the Seller's response to any question or complaint, NotePD shall promptly forward the response to the customer.
If a Seller fails to respond to any question or complaint within forty-eight (48) hours of receiving the same, the Seller or any of its Services may be delisted from the platform without further notice.

Confidentiality and Personal Data.

All Customer information and data, designs, drawings, specifications, communications, whether written, oral, electronic, visual, graphic, photographic, observational, or otherwise, and documents supplied, revealed, or disclosed in any form or manner to the Vendor by NotePD, or produced or created by the Vendor for NotePD hereunder are the intellectual property of, and confidential to NotePD and Vendor and shall be used solely by the Vendor for purposes of this Agreement. All such information shall be treated and protected by the Vendor as strictly confidential and shall not be disclosed to any third party without the prior written consent of NotePD and shall be disclosed within the Vendor's organization only on a need-to-know basis.

Both Parties may require their respective employees and other personnel involved in the performance of this Agreement to execute an individual confidentiality agreement prior to any disclosure. Any non-disclosure agreement heretofore executed by the Vendor in connection with the sale of its Products and services under this Agreement is hereby expressly incorporated within the contract.
Both parties shall immediately return to each other any information provided, either upon demand or upon the termination of this Agreement, including all copies made by either Party.
Both Parties shall not publicize, disclose, or discuss the existence, content, or scope, whether generalities or details, of this Agreement or make any reference to each other, the business of either to any third party by any means, and through any medium (including but not limited to advertising, web site references, photographs, articles, press releases or interviews, speeches, or programs) without obtaining prior written consent.

Commission

NotePD may charge sellers technical service fees as commission at 5% percentage of their sales and Stripe fee: 2.9% + 30¢ per successful card charge on the NotePD platform.

For the purpose of category development, NotePD reserves the right to adjust the commission rate at its sole discretion basis with a 7-day prior written notification. The notification shall be published by NotePD on the platform's website or delivered through intra-net messages to the sellers.

REFUND POLICY

It is your responsibility to familiarize yourself with this refund policy. By placing an order for products and services, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.

General Rule

All our sales are final, and no refunds will be given. As all our products are digital products, as the nature of digital products, it is impossible for you to return a product to use for a refund.

WE DO NOT ISSUE REFUNDS UNDER THE FOLLOWING CIRCUMSTANCES

You just change your mind
You choose not to use our product
You've decided the product is "Not what I need."
You find that the product doesn't suit your needs
You don't have time to implement things
You've found a different solution

Termination

We reserve the right to terminate accounts without refund or prior notice if you violate our published Terms or become verbally abusive to our staff, other users of our site, or our associates. In case such a user tries to resubscribe to our site, we reserve the right to terminate his/her account without a refund or prior notice and block his/her IP address.

If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us.
This refund policy can be updated at any time, without prior notice, and is applicable immediately and retroactively for all subscriptions and subscribers. It is considered an integral part of our Terms, and its acceptance is mandatory for all users.

LICENSE TO USE WEBSITE

We may provide you with certain information because of your use of the Website or Services. Such information may include but is not limited to documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.

CONTENT STANDARDS

These content standards apply to all User Contributions and use of the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, national, provincial, local, and international laws and regulations. User Contributions must not:

Depict any activity that is illegal or otherwise violates applicable law.
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Promote or depict pedophilia, child exploitation or abuse, age-play, incest, rape or nonconsensual sex, hypnosis, intoxication, sexual assault, extreme violence, non-consensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse or hardcore bondage, extreme fisting, genital mutilation, bestiality, urine, scatological, or excrement-related material, enema play, vomiting, menstrual bleeding, paraphilia, or any other matter that would be considered obscene under the applicable community standards.
Promote, depict, or constitute "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (a) being taken, captured, or otherwise memorialized; or (b) being posted and shared on the website.
Promote or depict firearms, weapons, or any goods whose sale, possession, or use is subject to prohibitions or restrictions.
Promote or depict alcohol or drugs or drug paraphernalia.
Infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of any other person.
Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
Violate the legal rights (including the rights of publicity and privacy) of any person or contain any material that could give rise to any civil or criminal liability under applicable law or otherwise may conflict with this Agreement or the Privacy Policy.
Be likely to deceive any person.
Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Cause any chat screen to "scroll" faster than others can type to it or any action to a similar disruptive effect.
Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other participants.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, including unsanctioned contests, sweepstakes, and other sales promotions, barter, or advertising, including soliciting creators for commercial ventures.
Give the impression that they emanate from or are endorsed by us or any other person if that is not the case.
Depict private or personal information of any person without their written consent.
Request personal information from or share personal information with any creator or other user, including financial information, email address, telephone number, or mailing address.
Request money from or otherwise defraud creators or other users of the website.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Notepd.com, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

USER OBLIGATIONS

As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of notepd.com.

You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person's legal rights.
To violate any of our intellectual property rights or any third party.
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
To perpetrate any fraud.
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
To publish or distribute any obscene or defamatory material.
To publish or distribute any material that incites violence, hate, or discrimination towards any group.
To unlawfully gather information about others.

REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website or Services.
Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference with any host, user, or network.

HYPERLINKING TO OUR CONTENT

Without prior written approval, the following organizations may link to our site:

Government agencies.
Search engines.
News organizations.
Online directory distributors, when they list us in the directory, may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.

We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking Party or its products or services; and (c) is appropriate to the linking Party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly known consumer and business information sources such as Chambers of Commerce and Consumers Union.
- dot.com community sites.
- Associations or other groups representing charities, including charity giving sites
- online directory distributors.
- Internet portals.
- Accounting, law, and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.

We will approve link requests from these organizations if we determine that the link will not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, are not permitted to link); (b) the organization does not have an unsatisfactory record with us, and (c) the benefit to us from the increased visibility associated with the hyperlink outweighs the cost of the link.

We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking Party or its products or services; and (c) is appropriate to the linking Party's website.

If you are one of the organizations listed in paragraph 2 and would like to link to our website, please contact us at contact@notepd.com. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:

By using our company name, the URL (web address) being linked to, or any other description of our website or material that makes sense within the context and format of the linking Party's site.

No use of the Company logo or other artwork will be allowed for linking absent a trademark license agreement.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Notepd and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an "Indemnified Party"), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Notepd. Notepd reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Notepd in asserting any available defences. An Indemnified Party may participate in the defence by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the notepd.com Website, including loss of data or information or any kind of financial or physical loss or damage.

In no event shall NotePad, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, Agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

SPAM POLICY

You are strictly prohibited from using the website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our Website.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties concerning any use of this website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.

SERVICE INTERRUPTIONS

We may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime for any reason but that we shall have no liability for any damage or loss caused because of such downtime.

TERM, TERMINATION & SUSPENSION

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

"AS IS" and "AS AVAILABLE" Disclaimer

The service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or services included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GENERAL PROVISIONS:

JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of the United States without giving effect to any principles of conflicts of law. The Courts of the United States shall have exclusive jurisdiction over any dispute arising from the use of the website.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of notepd.com will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email. For any questions or concerns, please use the contact us form on the website or email us at contact@notepd.com.

This document was last updated on August 10, 2022