ExamNotes.net terms of use agreement

This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before submitting a registration form or using the ExamNotes.net Web site.

ACCEPTANCE OF TERMS
ExamNotes.net, Inc. ("ExamNotes.net") makes available to you on this Web site (the "Site") information, documents, images, software and products (collectively, the "Materials") and various services operated by ExamNotes.net (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. ExamNotes.net reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, or entering sections of the Site for Members, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

This Agreement is void where prohibited by law, and the right to access the Site and Materials is revoked in such jurisdictions.

LIMITED COPYRIGHT LICENSE
The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, ExamNotes.net and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services.

Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of ExamNotes.net.

Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, download, and print the documents and information available on this Site subject to the following conditions:

1. The documents and information may be used solely for personal, informational, and internal purposes.
2. Except as expressly permitted, the documents and information may not be modified or altered in any way.
3. Except as expressly permitted, the documents and information on the Site may not be distributed.
4. You may not remove any copyright, trademark or other proprietary notices contained in the documents and information.
5. ExamNotes.net reserves the right to revoke the authorization to view, download, and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from ExamNotes.net.
6. The rights granted to you constitute a limited license and not a transfer of title.

REGISTRATION AND MEMBER INFORMATION
Certain portions of the Site are only available to individuals and entities that have become registered members of ExamNotes.net as described in these Terms of Use ("Members"). The services or materials available to Members may include services provided by ExamNotes.net and by third parties ("Associates"). To become a Member of ExamNotes.net you must submit a complete ExamNotes.net registration form. By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, and (b) you personally are signing up as a Member, or (iii) that you are signing up as a Member on behalf of an entity you have identified in the registration form and are authorized to sign for and bind that entity; and (c) the information on the registration form is current, complete, and accurate. Member must update registration information to ensure that it continues to be current, complete, and accurate. ExamNotes.net reserves the right to accept or reject Member registrations for ExamNotes.net. ExamNotes.net may also display entity names as part of the registration process to facilitate an individual registrant’s affiliation with the correct entity. You consent to such use.

Upon acceptance of Member's registration form, ExamNotes.net shall provide to Member a Username and password. Upon Member's receipt of that Username and password, ExamNotes.net authorizes Member to access and use ExamNotes.net subject to the Terms of Use.

All Member information is stored on servers located in the United States and is subject to the ExamNotes.net's Privacy Policy.

Even though you may have requested to not receive any opt-in E-mail, by providing us with your E-Mail address or by using this Web Site you agree that ExamNotes.net may, from time to time, send you E-mail that we believe may be of interest to you. If you do not wish to receive any communication from ExamNotes.net do not sign up for membership on our site or if you are already a member, email us your request to delete your account.

USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your account Username and password. Strong passwords are encouraged. A strong password is one with upper and lower case letters and numbers. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password or Username assigned to Member, or any breach of security through Member's account, then Member shall notify ExamNotes.net immediately by contacting ExamNotes.net at webmaster@examnotes.net 

USE BY MEMBERS
Member may use the Site in accordance with this Terms of Use Agreement, including ExamNotes.net's "Acceptable Use Policy", which is available at the end of this Agreement. Member shall use ExamNotes.net only for the direct benefit of Member's educational purposes, and shall not resell content or any other services on behalf of any third parties. With respect to information available on the Site, Member may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, Member shall not reproduce or distribute any information available through the Site, electronically or otherwise.

CONSENT TO AGGREGATE USE OF MEMBER INFORMATION
In order to make various features and functions of Services and Materials available to Members, ExamNotes.net may collect information about Member and Member's use of ExamNotes.net, including the information identified in ExamNotes.net's Privacy Policy ("Member Information"). Member acknowledges and agrees that ExamNotes.net's collection and use of Member Information as set forth in the Privacy Policy, and ExamNotes.net's operation and provision of ExamNotes.net, as contemplated under this Terms of Use Agreement, is not a breach of Member's right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. Member hereby waives any and all such claims or rights of action, whether foreseen or unforeseen, so long as the Member Information is collected, stored, and used in accordance with ExamNotes.net's Privacy Policy, or in the case of Members making use of Materials or Services provided by ExamNotes.net Associates, the privacy policy of such Associate.

RELIABILITY OF MATERIALS AND SERVICES
Materials and Services available on or through the Site are routinely updated, and ExamNotes.net uses commercially reasonable efforts to ensure that such information is reliable and that Services are available. However, Member understands and acknowledges that ExamNotes.net does not control the posting or content of all the Materials, nor will it verify the timeliness or content of Materials. ExamNotes.net expressly disclaims any responsibility or liability for any third-party Materials or Services on the Site, or any third-party information or services available through a link from ExamNotes.net.

LINKS TO OTHER INTERNET WEB SITES
This Site contains links to third-party Web sites that are not under the control of ExamNotes.net. ExamNotes.net makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of ExamNotes.net Associates. When you access a non-ExamNotes.net Web site, you do so at your own risk and ExamNotes.net is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. ExamNotes.net provides these links merely as a convenience and the inclusion of such links does not imply that ExamNotes.net endorses or accepts any responsibility for the content or uses of such Web sites.

SUBMITTED INFORMATION
Responsibility for Submissions. You are solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to ExamNotes.net through the Site. You may only submit to the Site, content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.

Unsolicited Information. ExamNotes.net does not want to receive unsolicited information from you through the Site for the purpose of communicating to ExamNotes.net (the corporation) any ideas or other information, including, but not limited to product or service suggestions or enhancements, product or service names, advertising campaigns or marketing plans, technology or material, business methods, or any similar information. ExamNotes.net maintains this policy to prevent misunderstandings or disputes in the event it develops products or services that may seem similar to an unsolicited proposal. Any non-personal unsolicited information or material sent to ExamNotes.net will be deemed NOT confidential, and by sending such unsolicited information you hereby grant ExamNotes.net an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that ExamNotes.net is free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. Personal information, such as names, address, telephone numbers, etc., will remain subject to ExamNotes.net's Privacy Policy.

Use of Member Content. By using the Site, you acknowledge that: (i) ExamNotes.net may not pre-screen Member Content and, as such, ExamNotes.net does not guarantee the accuracy, integrity, or quality of such Member Content; (ii) you will evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content; (iii) you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will ExamNotes.net be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damages or any kind incurred as a result of the use of any Member Content.

Storage of Submitted Information. All of ExamNotes.net's servers are located in the United States. All information submitted to ExamNotes.net and any information stored on any part of the ExamNotes.net Site shall be on servers or other storage media in the United States subject to the ExamNotes.net Terms of Use and the ExamNotes.net Privacy Policy. Members submitting Member Content from any place outside the United States acknowledge that such storage facilities may not comply with any laws, rules or regulations of the jurisdiction from which the Member transmits such Member Content and, to the maximum extent permitted by law, Member waives any right or defense arising from such non-compliance.

Right to Remove or Disable Access. If ExamNotes.net is made aware of Member Content that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or that ExamNotes.net determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the Acceptable Use Policy set forth herein, ExamNotes.net has the right, but not the obligation, to remove or disable access to that Member Content. For Member Content that Member reasonably deems to be in violation of law, ExamNotes.net shall remove such Member Content pursuant to ExamNotes.net's Copyright Policy herein.

Confidentiality and Ownership. All posts, messages and news submitted to our site becomes the property of ExamNotes.net

WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND EXAMNOTES.NET, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EXAMNOTES.NET MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. EXAMNOTES.NET MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND EXAMNOTES.NET MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

EXAMNOTES.NET ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF EXAMNOTES.NET'S ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL EXAMNOTES.NET OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EXAMNOTES.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF EXAMNOTES.NET'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXAMNOTES.NET OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL EXAMNOTES.NET'S LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS.

MEMBERS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR EXAMNOTES.NET ENTERING INTO THIS AGREEMENT.

TERM AND TERMINATION
This Agreement is effective as of the date you make use of the Site, or, in the case of Materials and Services accessible only to Members, the date a Member receives a Username or password authorizing access to the Site, and continues in force and effect until terminated in accordance with this Section or, in the case of a user that has not become a Member, immediately upon such users breach of any of the Terms of Use. ExamNotes.net may terminate this Agreement effective upon written (or emailed) notice to Member or without a notice if Member materially breaches any of the terms or conditions of the Terms or Use that is not cured within ten (10) days after notice from ExamNotes.net. ExamNotes.net reserves the right to suspend access to and use of the Site pending cure of a Member's breach. 

Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, Member shall cease to access or to use any information obtained through ExamNotes.net.

The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive the Termination of this Agreement.

INDEMNITY
At ExamNotes.net's option and request, Member shall, at its own expense, indemnify, defend, and hold ExamNotes.net and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between Member and any third party, (b) based on or caused by unauthorized access to the Site through Member's account, (c) is based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this Agreement, or (d) arising out of a request for ExamNotes.net to remove or disable access to any Member Content in or on the Site. Member shall not enter into a settlement of the foregoing without ExamNotes.net's prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from ExamNotes.net.

ENTIRE AGREEMENT
This Terms of Use Agreement constitutes the entire agreement between you and ExamNotes.net with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and ExamNotes.net. This Agreement may be modified only by a signed agreement, or as follows: ExamNotes.net may modify this Agreement by posting the new terms and conditions in the same location the previous terms and conditions were posted. If Member continues to use the Materials, Services, or Site, then Member will be considered to have accepted the modifications.

MISCELLANEOUS PROVISIONS
ExamNotes.net's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

ExamNotes.net will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of ExamNotes.net including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.

GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by ExamNotes.net from its offices within the state of Pennsylvania, United States of America. By accessing this Site, you and ExamNotes.net agree that the statutes and laws of the State of Pennsylvania, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. ExamNotes.net makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

ACCEPTABLE USE POLICY
You agree to not use ExamNotes.net to:

• upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
• harm minors in any way.
• impersonate any person or entity, including, but not limited to, a ExamNotes.net official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• interfere with or disrupt ExamNotes.net or servers or networks connected to ExamNotes.net, or disobey any requirements, procedures, policies or regulations of networks connected to ExamNotes.net.
• "stalk" or otherwise harass another.
• collect or store personal data about other users.
• Post actual exam questions from actual certification exams that may violate non-disclosure agreement you signed with a particular company.