SuperbNote Terms of Use
Proprietary Rights
The Services are owned and operated by SuperbNote. Unless otherwise explicitly specified by SuperbNote, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, website design, logos, graphics, bibliographic and citation information, citation guides, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "SuperbNote Content"), are owned, controlled, or licensed by SuperbNote or SuperbNote's third-party partners. SuperbNote Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third-parties. Any unauthorized use of SuperbNote Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
Your License to Use SuperbNote Content
Subject to your compliance with these Terms of Use, SuperbNote grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to view the SuperbNote Content. You may only use the Services for your own personal use. You agree not to view, copy, screenshot, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the SuperbNote Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by SuperbNote under a separate written agreement. No materials from the Services may be copied, captured (including by screenshot or otherwise) reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without SuperbNote's prior written permission or as expressly provided in these Terms of Use. When you download or use the SuperbNote Content as authorized by these Terms of Use, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the SuperbNote Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or allow or assist any third-party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any SuperbNote Content, you may not share that subscription or license with others. SuperbNote may impose reasonable limits on your scope of access to SuperbNote Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third-party access to or use of that Content.
Your License to Use SuperbNote Content
Subject to your compliance with these Terms of Use, SuperbNote grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to view the SuperbNote Content. You may only use the Services for your own personal use. You agree not to view, copy, screenshot, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the SuperbNote Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by SuperbNote under a separate written agreement. No materials from the Services may be copied, captured (including by screenshot or otherwise) reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without SuperbNote's prior written permission or as expressly provided in these Terms of Use. When you download or use the SuperbNote Content as authorized by these Terms of Use, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the SuperbNote Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or allow or assist any third-party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any SuperbNote Content, you may not share that subscription or license with others. SuperbNote may impose reasonable limits on your scope of access to SuperbNote Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third-party access to or use of that Content.
Notice to Third-Party Websites
Any SuperbNote Content made available in connection with your website, or otherwise, by our Widgets, third-party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of SuperbNote Content upon notice.
Payments and Payment Processing
Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). SuperbNote will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. SuperbNote reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by SuperbNote or a third-party on SuperbNote's behalf. You also agree that we may, at our discretion, send your account to a collection agency, and except where prohibited by local law, recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to SuperbNote. For security reasons or to otherwise confirm a financial instrument or payment, SuperbNote may delay mailings of books or otherwise delay providing payments or services even if such delay impacts a guaranteed delivery date.
Course Searches and Other Information Specific to an Academic Institution
We may tie your SuperbNote experience to information about the school you have identified to SuperbNote. For certain schools, the Services enable you to search and retrieve information about the materials required for particular courses. Please be aware that course information and assigned materials may change from time to time, and SuperbNote may not receive updated information from the school in a timely manner. SuperbNote is not responsible for any errors in the information provided in the course searches on the Services. Where specific school names or information relate to a specific school are displayed, they do not imply any endorsement or approval by the school. Except where specifically stated, SuperbNote has no affiliation with nor endorsement from any academic institution, and school names and information are used on the Services only to the extent necessary to organize, identify and permit use of information and sections of the Services that may be tailored to students of a particular school, or for other lawful uses.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SUPERBNOTE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUPERBNOTE AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, THIRD-PARTY DISTRIBUTORS AND THIRD-PARTY LICENSORS OF CONTENT SOLD THROUGH SUPERBNOTE (COLLECTIVELY THE "SUPERBNOTE PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE SUPERBNOTE WEBSITES OR THE SERVICES; (B) THE SUPERBNOTE CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SUPERBNOTE OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SUPERBNOTE PARTIES DISCLAIM ALL GUARANTEES, CONDITIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SUPERBNOTE PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPERBNOTE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, SUPERBNOTE WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SUPERBNOTE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SUPERBNOTE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE SUPERBNOTE PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD-PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY SUPERBNOTE. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY SUPERBNOTE. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. SUPERBNOTE TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD-PARTIES. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH SUPERBNOTE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
Limitations of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SUPERBNOTE PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE SUPERBNOTE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SUPERBNOTE WEBSITES; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SUPERBNOTE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SUPERBNOTE WEBSITES; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SUPERBNOTE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE SUPERBNOTE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO SUPERBNOTE IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE SUPERBNOTE PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES TO THE STRICT EXTENT RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE SUPERBNOTE PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE SUPERBNOTE PARTIES, OR FOR THE SUPERBNOTE PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR LOSSES OR DAMAGES WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAWS IN YOUR JURISDICTION. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH SUPERBNOTE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE SUPERBNOTE PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SUPERBNOTE WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SUPERBNOTE CONTENT OWNED OR CONTROLLED BY THE SUPERBNOTE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SUPERBNOTE WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SUPERBNOTE CONTENT OWNED OR CONTROLLED BY THE SUPERBNOTE PARTIES.
Homework Help, Study Guide and Note Usage
SuperbNote's homework help, study and note services are available merely as informational and study aids and should not be considered substitutes for applicable coursework, homework, class and lecture requirements, assignments, and related materials. In using the Services, you specifically agree not to use, claim, or submit as your own any portion of the help materials. SuperbNote does not guarantee the accuracy or quality of answers or other study material that appear on the Services, some of which may be posted by other users. You further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided, or preferred by publishers of applicable problems or instructors of applicable courses.
Indemnity
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the SuperbNote Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your breach or anticipatory breach of these Terms of Use; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) the SuperbNote Parties' use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and SuperbNote. You will cooperate as fully required by the SuperbNote Parties in the defense of any claim. The SuperbNote Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the SuperbNote Parties. These indemnity obligations shall survive any expiration or termination of your relationship with SuperbNote.
Changes
SuperbNote may modify the Terms of Use including the linked policies contained herein from time to time ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the SuperbNote Website so that they are accessible via a link on the home page, and that your use of our Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use and will apply to your use of the Services from that point forward.
Entire Agreement
The then-current Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and SuperbNote regarding the Services. The Terms of Use may not be modified without the consent of a duly authorized representative of SuperbNote and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether SuperbNote signs them or fails to object to them. This "Entire Agreement" section shall survive any expiration or termination of your relationship with SuperbNote.