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NOTESHAPER® TERMS AND CONDITIONS

The following terms and conditions (the “Terms and Conditions”) govern your use of this website (the “Site”), and the services offered on the Site (the “Services”) and any subscriptions you purchase for products offered on the Site (the “Subscriptions”). The Subscriptions may have additional terms and conditions of use, which you are required to comply with upon purchase of any Subscription. Your use of the Site and any Services and/or Subscriptions constitutes your acceptance of these Terms and Conditions and provides you with a limited license to use the Site, the Services and any purchased Subscriptions, if applicable, which license may be revoked at any time as set forth in these Terms and Conditions. We reserve the right to modify these Terms and Conditions of this Site and any related Services and Subscriptions offered on this Site at any time.


The terms ‘Glenochil Associates, LLC’ ‘us’ ‘we’ and ‘our’ refer to the owner of this Site. The terms ‘you’ and ‘your’ refer to the user or viewer of this Site. The use of this Site is subject to the following terms and conditions:


1. Site Information, Operation and Use.


(a) Information. The content of this Site is for general information purposes only. We reserve the right to remove, supplement and otherwise modify or alter any of the information contained on the Site at any time without notice.

(b) Operation. In order to access the Site, the Services and any purchased Subscriptions, you must have access to the World Wide Web and must pay any service fees associated with such access. Not all of the features available through the Subscriptions will be available to you unless your device satisfies the minimum technical requirements. As we make changes to the Subscriptions, the minimum technical requirements for you to access them may change. You are responsible for determining whether your device satisfies the minimum technical requirements before you purchase a Subscription. If we change the minimum technical requirements after you purchase a Subscription such that your device no longer satisfies the minimum technical requirements, your exclusive remedy will be to request termination of your Subscription.

(c) Use. You represent and warrant that you have the requisite legal capacity to use this Site, the Services and purchase a Subscription and to understand and adhere to these Terms and Conditions. If you purchase a Subscription from this Site, then you have purchased a personal Subscription (for one person) and you may access the videos offered in your Subscription from one device at a time for the period of your Subscription. We reserve the right to log you out of other devices.


2. Intellectual Property Rights.


(a) Copyright Rights. We own or license the copyright rights in the text, photographs, audio, video, graphics, user interface and other content provided on this Site, and the display, arrangement, and organization thereof (the “Copyrighted Materials”), to the fullest extent permitted by applicable copyright laws. Except as otherwise specified herein, you are prohibited from copying, reproducing, altering, distributing or transmitting the Copyrighted Materials.

(b) Trademark and Service Mark Rights. We own all rights in our company name, the names of the Services and Subscriptions, logos, and packaging and designs contained on this Site and of the Services and Subscriptions (the “Marks”). All trademarks reproduced in this Site, which are not the property of, or licensed to us, are acknowledged on the Site.

(c) General. Subscriptions are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We have and retain all right, title and interest, including all intellectual property rights, in and to the content, their “look and feel”, any and all related or underlying technology, and any modifications or derivative works. No feedback will be considered your confidential information, and nothing in this agreement limits our right to independently use, develop, evaluate, or market products, whether incorporating feedback or otherwise.


3. Security.


We implement security procedures to help protect your data from cyber-attacks. You acknowledge and agree that your use of the Subscription necessarily involves transmission of your personal and other data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your data lost, altered, intercepted, shared, used, distributed, displayed, disclosed or stored across such networks. You must ensure that all your IDs and passwords for your account are strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify us at hancock@glenochil.com of any unauthorized use of which you become aware. You will be required to confirm your account in order to access Noteshaper® Services and Subscriptions. This Site may contain links to other websites or services (the “Linked Sites”). The Linked Sites are not under our control, and we are not responsible for any of the contents or operation of the Linked Sites. This Site provides links to Linked Sites only as a convenience to you, and shall not be construed as an endorsement or advertisement of the Linked Sites or any services or products offered thereon. We are not responsible for the protection and privacy of any information you provide to such websites, and such websites are not governed by these Terms and Conditions. You should exercise caution and look at the privacy statement applicable to the website in question.


4. Privacy Policy.


This Section 4 sets forth how Glenochil Associates, LLC collects and uses information that you give Glenochil Associates, LLC when you use this Site.

(a) What we collect. You are not required to submit personal information when you use this Site, unless otherwise required for you to access any of the Services or a purchased Subscription. Such required information may include your:

• name;

• contact information including telephone number, address and email address;

• demographic information;

• financial information, such as credit card or other payment information;

• geolocation;

• communications preferences;

• search queries;

• comments and other information posted on or submitted to the Site; and

• Correspondence and all other information you send to us.


(b) What we do with the information we collect. We may use the information you submit for the following purposes:

• Internal record keeping;

• Resolving disputes;

• Improve our products and services;

• Periodically send promotional emails about new products, special offers or other information using the email address which you have provided;

• Contact you for market research purposes;

• Correspond with professional organizations and educational institutions regarding inquiries on your account;

• Contact you regarding your account; and

• Customise the Site according to your interests.


We may share your information internally and with third party vendors in connection with their employment or contractual obligations to us.


(c) Cookies. This Site uses cookies to monitor browsing preferences, and your personal information and any other information obtained through this Site’s use of cookies may be stored and used by us and used by third parties. A cookie is a small file which asks permission to be placed on your device's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular website. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.


We use traffic log cookies to identify which webpages are being used. This helps us analyse data about webpage traffic and improve the Site in order to tailor it to customer needs. We use this information for statistical analysis purposes only.


Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. Cookies do not provide us access to your device or any information about you, other than the data you choose to share with us.


You can choose to accept or decline cookies. Declining cookies may prevent you from taking full advantage of this Site.



(d) Controlling your personal information. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. You are responsible for ensuring all personal information submitted to, stored and used by us is current and accurate. You may opt out of receiving any promotional or marketing emails from us at any time by clicking the opt-out or unsubscribe button located within the emails you receive. Please note that opt-out requests take time to become effective, and your opt-out request will apply not to messages concerning any purchases you have made with us, even if you opt out of receiving unsolicited commercial emails.


(e) Children’s Privacy. We do not knowingly collect, use or disclose personal information from children under the age of 13. If we become aware we have collected personal information from a child under the age of 13 in a manner that violates the Children’s Online Privacy Protection Act, we will delete this information as soon as possible.


5. Governing Law; Dispute Resolution.


These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflicts of laws principles of any jurisdiction. In the event of any controversy or claim arising out of or relating to these Terms and Conditions (each a “Claim”), the parties hereto shall consult and negotiate with each other and attempt to resolve such Claim. If the parties do not reach resolution of any such Claim within a period of thirty (30) days, then the unresolved Claim shall proceed to binding arbitration under the rules of arbitration of the American Arbitration Association. Notwithstanding the foregoing and any provision herein to the contrary, any arbitration award for damages arising out of a Claim against Glenochil Associates, LLC shall in no event exceed the amount paid by you for the use of any Subscription or Services as of the date such Claim is instituted.


6. Cancelations and Refunds.


As part of our commitment to customer satisfaction, it is our customary business practice to allow customers to cancel a subscription within twenty four (24) hours of payment for any reason or no reason and to receive a refund of the amount paid for the subscription less a $5 fee. We will not accept cancellation after the 24-hour period. If the credit card holder requests a refund of your subscription payment from the credit card company (“Chargeback”) from the credit card used to purchase your Subscription, you are liable to pay the cost of the Subscription and any Chargeback fee from the applicable credit card company, together with all other costs incurred by us in recovering the sums due, including but not limited to attorneys’ fees. If you purchase two or more Subscriptions running concurrently but meant to purchase one, then you must notify us at hancock@glenochil.com immediately and not later than seven (7) days from Subscription start, and such notification must include your postal address and reason for the second purchase. If the reason for the second purchase is deemed reasonable by us, in our sole discretion, a refund may be issued to you either through the card processing system or by check. Should you issue a Chargeback through your credit card company for a refund then you are liable for all applicable Chargeback fees, together with with all other costs incurred by us in recovering the sums due, including but not limited to attorneys’ fees. Glenochil Associates, LLC is a small business and Chargebacks are monitored by credit card companies. If chargebacks exceed a specified volume or number (around 1%) then the credit card companies may instruct our merchant to close our account. If that occurs you will be jointly and severally liable to the fullest extent of the law for loss of profits, reputation, costs and damages. All cancelation and refund policies are subject to change at any time without notice within the sole discretion of Glenochil Associates, LLC.


7. No Warranty; Limitation of Liability.


All Site content, Services and Subscriptions are provided “as is” and we expressly disclaim any and all warranties and representations of any kind, including any warranty of non-infringement, title, fitness for a particular purpose, or merchantability, whether express, implied, or statutory. You may have other statutory rights, but the duration of statutory required warranties, if any, shall be limited to the shortest period permitted by law. We shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control. To the maximum extent permitted by law, neither we nor any of our third party suppliers makes any representation, warranty or guarantee as to the reliability, timeliness, quality, suitability truth, availability, accuracy or completeness of any content therein or generated therewith or that: (a) the use of any Site content, the Services and the Subscriptions will be secure, timely, uninterrupted or error-free: (b) the Site content, Services and Subscriptions will operate in combination with any other hardware, software, system, or data; (c) the Site content, Services and Subscriptions (or any products, services, information, or other material used or obtained by you through the subscription) will meet your requirements or expectations; (d) any stored data, including your personal information, will be accurate or reliable or will not be lost or corrupted; (e) errors or defects in the Site, Services and Subscriptions will be corrected; (f) the Site, Services and Subscriptions (or any server(s) that make the Site, Services and Subscriptions available) are free from viruses or other harmful components. In no event shall we be liable to you for any loss of or failure to obtain professional certification or any consequential loss(es) arising from your use of the Site, the Services, or Subscriptions. Our aggregate liability to you shall not exceed the amount actually paid by you to us in connection with a purchased Subscription. We reserve the right to remove or delete all data collected from your use of the Site, including personal information, within a reasonable period of time, as such period is determined in our sole discretion, following termination of your Subscription, The parties agree that the limitations specified in this Section 7 will survive expiration of your purchased Subscription and termination of your use of the Site.


8. Severability.


In the event that any term or provision, or part thereof, in these Terms and Conditions is determined by arbitration or law to be unfair or not in force, then the remainder of the Terms and Conditions shall remain in force.


9. No Waiver.


Our failure to enforce any of these Terms and Conditions or to respond to a breach by you or other parties shall not in any way constitute a waiver of any of our rights to subsequently enforce any of these Terms and Conditions.


10. Indemnification.


Upon our request, you shall indemnify and hold harmless us and all our affiliates, owners, officers, members, managers, agents, licensors and employees from and against all liabilities, claims, actions, damages and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit on this Site, your use of the Site, the Services or the Subscriptions and your violation of any of these Terms and Conditions.


11. Termination.


We reserve the right to terminate your access to any and all of the Site, the Services and the Subscriptions, with or without notice and with or without cause.

© 2018 Glenochil Associates, LLC. All rights reserved. You agree to our terms and conditions by continuing to use this website.