Terms of Use

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We at Careful Notes Design (hereinafter the “Company”) operate https://carefulnotes.com (hereinafter the “Website”). We encourage you to use it the best way you can. This site, blog, forum, and related services are designed to educate and entertain. We encourage you to express yourself freely. However, be responsible and respectful. Make your criticism constructive by suggesting how something can be improved. Don’t be rude, or use personal attacks. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content). 

Thank you to Automattic, who have made their comprehensive Terms of Service available under a Creative Commons Sharealike license, which allowed us to borrow some or all of their wording for our Terms of Use.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. BELOW, THESE TERMS EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.

Terms of Service:

These terms and conditions (“Terms”) govern all use of the Website and all content, services, and products offered by the Company or its affiliates, including, but not limited to, associated blogs, forums, and websites, and any successor website, as well as any non-fungible token (“NFT”), digital wallet (“Wallet”) connectivity, or other blockchain-based services (collectively, the “Services”). The Services are owned and operated by the Company or its affiliates. The Services are offered subject to your acceptance without modification of these Terms, our Privacy Policy, and all other applicable terms (including any NFT-specific licenses or terms), rules, policies, and procedures that may be published from time to time on the Website or other Services (collectively, the “Agreement”).

Please read these Terms carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services. The Services are available only to individuals who are at least 13 years old.

Responsibility of Contributors

If you comment on a blog, post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) any content, media, information, image, file, hyperlink, code, software, or other material (collectively, “UGC”) available on or through the Services , you understand and agree that you are solely responsible for such UGC and any harm, damages, losses, liabilities, or injuries resulting directly or indirectly therefrom. By making UGC available on or through the Services, you represent and warrant that:

* the downloading, copying, transmission, display, and use of the UGC will not infringe the rights of any third party including, without limitation, any copyright, patent, trademark, or trade secret rights or rights of privacy or publicity;

* you have secured all rights, authorization, and permission from any employer or other third party necessary to make such UGC available through the Services;

* you have fully complied with any third-party licenses relating to the UGC, and have done all things necessary to successfully pass through to end users any required terms;

* the UGC does not contain and will not cause to be installed any virus, bug, worm, backdoor, time bomb, drop-dead device, ransomware, malware, Trojan horse, or other harmful or destructive code or content that either directly or indirectly, with the passage of time or under the control of any person or otherwise, permits unauthorized access to or disrupts, disables, erases, or otherwise harms or impedes the functionality of the Website or any computer or system (collectively, “Harmful Content”);

* the UGC is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, boost the search engine rankings of third party sites, further unlawful acts (including, without limitation, phishing), or mislead recipients as to the source of the material (such as spoofing);

* the UGC is not libelous or defamatory (more info on what that means), does not contain threats and does not incite violence towards individuals or entities;

* the UGC is not being advertised via unsolicited promotional methods including, without limitation, electronic messages such as spam links on newsgroups, email lists, other blogs and websites;

* the UGC is not named, described or otherwise presented in a manner that could mislead readers into thinking that you are another person or company. For example, your blog or comment’s URL or name may not be the name of a person other than yourself or company other than your own; and

* you have, in the case of UGC that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the UGC, whether requested to do so by the Company or otherwise.

Without limiting any of those representations or warranties, the Company retains the absolute right to (i) remove or disable access to any UGC for any and no reason whatsoever, and (ii) terminate or deny access to and use of the Services to any individual or entity for any or no reason whatsoever.

Responsibility of Website Visitors

The Company has not reviewed, and cannot and will not review, all of the UGC appearing on the Services, and shall not be responsible for any UGC, its use, or effects. By operating the Services, the Company does not represent or imply that it endorses any UGC  or that it believes such UGC to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from Harmful Content. The Services and all UGC or other content appearing on the Services are provided “as is” with no representations or warranties of any kind.  The Company disclaims any responsibility for any harm resulting from the use by visitors of the Services or any UGC or other content appearing on the Services 

As a Member, you agree not to use our Services to do any of the following:

A. Upload, post, or otherwise transmit any Member Content that:

  1. Violates any local, state, federal, or international laws
  2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
  4. Links directly or indirectly to any materials to which you do not have a right to link
  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
  6. 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, or to extract information from our Website or Services
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  8. In the sole judgment of Our Company is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Our Company, our affiliates, or our Users to any harm or liability of any type

B. Use our Content to:

  1. Develop a competing website
  2. Create compilations or derivative works as defined under United States and/or Canada copyright laws
  3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
  4. Decompile, disassemble, or reverse engineer our Website, Services, and any related software
  5. Use our Website or Services in any manner that violates this Agreement or any local, state, province, federal, or international laws

Content Posted on Other Websites

The Company does not have any control over any other websites or webpages and is not responsible for their content or your use thereof or access thereto. By linking to any third-party website or webpage, the Company does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from Harmful Code. the Company disclaims any responsibility for any harm resulting from your use of any third-party websites or webpages.

Copyright Infringement and DMCA Policy

If you believe that UGC or other material made available through the Services violates your copyright, please submit a notification in accordance with the Digital Millennium Copyright Act (”DMCA”), 17 U.S.C. § 512 to the Company at::

talktous [at] carefulnotes(dot)com

The Company will respond to all such notices in accordance with the DMCA.  In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Company or others, we may, in our discretion, terminate or deny access to and use of the Services. In the case of such termination, the Company will have no obligation to provide a refund of any amounts previously paid to the Company, if any.

Corrections, Suggestions, and Complaints

We do not represent or otherwise warrant that the Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.

The Company reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services or Terms at any time without notice.

We welcome comments and suggestions, as well as complaints about errors, on the Services that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted through email at talktous [at] carefulnotes(dot)com. 

Intellectual Property

This Agreement does not transfer or grant any license from the Company to you any intellectual property of the Company or any third party, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Company or affiliated companies. Careful Notes Design, carefulnotes.com, the “Careful Notes” logo, and all other trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of the Company, or their affiliates or licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Company or third-party trademarks or other intellectual property. You hereby grant the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, universe-wide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works, and distribute (through multiple tiers), any UGC you post on or in connection with the Services or the promotion thereof for any purpose, including commercial or advertising in connection with the Company or the promotion thereof; and (b) to use your name, likeness, image, avatar, and online or social media profiles for any purpose, including commercial or advertising in connection with the Company or the promotion thereof.

Changes

The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

The Company may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice. All provisions of these Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, assumptions of risk, indemnity provisions, and limitations of liability.

Disclaimer of Warranties

The Services are provided “as is.” The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither the Company nor its suppliers and licensors make any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

The Company is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by the Company. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. The Company is not responsible for the online or offline conduct of any User of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.

The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.

Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

THE COMPANY, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. OUR COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES 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 NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

To the maximum extent permitted by law, in no event will the Company or its suppliers or licensors or their respective directors, officers, employees, agents, successors, and assigns be liable with respect to any subject matter of, or otherwise relating to or in connection with, this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any indirect, special, incidental, punitive, exemplary, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Company under this Agreement during the twelve (12) month period prior to the cause of action. the Company shall have no liability for any failure or delay due to matters beyond their reasonable control. Under no circumstances shall any of the foregoing parties be required to deliver to you any virtual currency or NFTs as damages, make specific performance, or any other remedy. If you would base your calculations of damages in any way on the value of virtual currency or NFTs, you agree that the calculation shall be based on the lowest value of the virtual currency or NFTs during the period between the initial incident resulting in the accrual of the claim and the award of damages. The foregoing limitation of liability is intended to apply to the fullest extent permitted by applicable law, without regard to whether other provisions of these Terms have been breached or have been proven ineffective. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities provided herein, so some of the disclaimers and limitations herein may not apply to you. To the extent applicable law does not permit the disclaimer of warranties or limitations of liability contained herein, the scope of such warranties and limitations of liability will be as permitted under applicable law. 

Acceptable Use

You represent, warrant, and agree that (i) your use of the Services will be in strict accordance with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not violate, infringe, or misappropriate the intellectual property or other rights of any third party.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Company, its affiliates, its contractors, and its licensors, and all of their respective directors, officers, employees. agents, successors, and assigns from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”) arising out of, related to, caused by, or in connection with: (i) your use of the Services including, without limitation, connecting your Wallet to the Services; (ii) your violation of this Agreement including these Terms; (iii) your violation of the rights of any third party including another user of any Wallet; (iv) any breach or non-performance of any representation, warranty, covenant, or agreement made by you.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Mandatory Arbitration of Disputes

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (“Dispute”) must be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. Each party waives the right to a trial in court and/or by a jury. This arbitration provision shall survive any termination of these Terms.

Exceptions

As a limited exception to the above: (i) the parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of its intellectual property rights. 

Conducting Arbitration and Arbitration Rules

If any dispute occurs between the parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to seek to resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing any other proceedings. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held at Toronto, Ontario. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.

Arbitration Opt-Out

You can opt out of this arbitration agreement within thirty (30) days of the date you agreed to this Agreement.  To opt out, you must provide written notice to the Company, addressed to the Company at the address shown below, which notice must include your full name, email address, and a clear statement that you want to opt out of this arbitration agreement (such notice, an “Arbitration Opt-out Notice”). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period noted above, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute.

talktous [at] carefulnotes(dot)com

Class Action Waiver

YOU AND the Company AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with a party’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

Miscellaneous

This Agreement constitutes the entire agreement between the Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Company or by the posting by the Company of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

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