Terms of Service

LEGAL CONTACT DIRECTORY

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Subject to these Terms of Service, as amended from time to time (“Terms of Service”), IasoNotes LLC. provides the IasoNotes platform to you through its website at www.iasonotes.com and mobile applications (collectively, with any new features and applications, the “Platform”) and the IasoNotes Community and related services (collectively, with the Platform, including any new features and applications, the “Services”).

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ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES , YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF SERVICE.

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We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.

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Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding, and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

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In addition, when using the Services, and unless you are in the European Economic Area, the United Kingdom, or Switzerland (collectively, “Europe”), you will be subject to additional applicable policies including without limitation, the Privacy Notice. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final.

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ACCESS AND USE OF THE SERVICES

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The Services Description:  The Services are offered as a platform to allow an individual or entity (the Organizer”) to post status updates to the Platform.

No Solicitation: The Platform is offered to help Organizers provide status updates. IasoNotes merely provides the technology to allow Organizers to share personal information. The existence of the Services is not a solicitation of donations by IasoNotes, and IasoNotes does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization.

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Your Registration Obligations: You may be required to register with IasoNotes to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services’ registration form.

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Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Notice. If you are under 13 years of age (16 in Europe), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom IasoNotes has entered into contracts, in order to be able to benefit from their services.

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Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify IasoNotes of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. IasoNotes will not be liable for any loss or damage arising from your failure to comply with this section.

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reCAPTCHA: The Platform uses the reCAPTCHA product to provide an added level of security. reCAPTCHA is subject to the Google Privacy Policy and Terms of Service

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Modifications to the Services: IasoNotes reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

Content Mainfestly Made Public by the User:

A. Public Content; Public Display of Information and Donations. Some of your activity on and through the Services is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other Users or recipients) (collectively, “User Content”). Additionally, User profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your User profile may be displayed to other Users to facilitate User interaction within the Services. For example, as an Organizer, you might post your personal data – such as information about a recent hospital stay – which data might be considered sensitive data. In addition, as a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo). To keep the details of your Donation private from the general public, click the “Private” checkbox during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Notice for information on the ways that we may collect, use, and store certain information about you and your use of the Services.

B. Other Information. Please be advised that User Content and other information, solicited or unsolicited, that you provide to IasoNotes may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information: (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (ii) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (iii) you agree that IasoNotes will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Other Information; (v) to the extent necessary, you hereby grant to IasoNotes a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (vi) you irrevocably waive, and cause to be waived, against IasoNotes and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.

You acknowledge and agree that IasoNotes may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of IasoNotes , its Users, employees or the public.

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Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Fundraiser or a Donation), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by IasoNotes to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to: (i) contact such third party using the Third-Party Data provided; and/or (ii) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.

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Promotions on the Platform: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a “Promotion”) on or through the Services.

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Sales Prohibited on the Platform: You are not permitted to offer any goods or services on the Platform.

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Data Retention: You acknowledge that IasoNotes has no obligation to you to retain data relating to any account. You acknowledge that IasoNotes reserves the right to delete data or to terminate accounts or at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to accounts started by Charities on the Platform, in which case IasoNotes will provide reasonable notice where possible.

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Mobile Services and Text Messages: The IasoNotes Services include certain features that may be made available via a mobile device, including the ability to: (i) upload User Content to the Platform; (ii) browse the Platform; and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. Further, when setting up your IasoNotes account, if you click “Send code” by “Text Message,” you agree to receive automated text messages related to your account from or on behalf of IasoNotes at the phone number provided. You can reply STOP to such text messages to cancel. Message frequency will vary. Message and data rates may apply. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your IasoNotes account information to ensure that your messages are not sent to the person that acquires your old number.

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PROHIBITED CONDUCT

You are solely responsible for compliance with all applicable law in relation to use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.

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The following are examples of User Content and/or use that is illegal or prohibited by IasoNotes. This list is not exhaustive and we reserve the right to remove any Account and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your Account, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account and report you to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of ourselves and/or our Users.

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Without limiting the foregoing, you agree and represent, warrant and covenant:

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A. not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;;

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B. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;

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C. not to harvest, collect or publish personally identifiable information of others;

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D. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;

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E. not to create any liability for IasoNotes or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;

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F. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;

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G. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;

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H. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;

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I. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;

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J. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or

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K. not to attempt to undertake indirectly any of the foregoing.

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INTELLECTUAL PROPERTY RIGHTS

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Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by IasoNotes, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by IasoNotes from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of IasoNotes, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by IasoNotes.

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The IasoNotes name and logos are trademarks and service marks of IasoNotes (collectively the “IasoNotes Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to IasoNotes. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of IasoNotes Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of IasoNotes Trademarks will inure to our exclusive benefit.

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Third-Party Material: Under no circumstances will IasoNotes be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that IasoNotes does not pre-screen User Content, but that IasoNotes and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

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User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant IasoNotes and its affiliated companies and Users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless IasoNotes and its contractors and employees, from: (i) all claims for invasion of privacy, publicity or libel; (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness; and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of IasoNotes in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or IasoNotes ’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

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We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to: (a) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (b) remove or block any Services Content or User Content from the Services.

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Copyright or Trademark Complaints: IasoNotes respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify IasoNotes of your infringement claim in accordance with the procedure set forth below.

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IasoNotes will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), trademark infringement and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be emailed to IasoNotes ’s Copyright Agent at info@IasoNotes .com (Subject line: “DMCA Takedown Request”).

You may also contact us by mail at:

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IasoNotes Copyright Agent:
IasoNotes Inc.
Attn: Legal
101 Comac Street.
Ronkonkoma, NY 11779 United States
To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark or intellectual property owner, its agent, or the law; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

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Counter-Notice: (or to which access was disabled) is not infringing, or that you have the authorization from the owner, the owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

• your physical or electronic signature;

• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, IasoNotes will send a copy of the counter-notice to the original complaining party, informing that person that IasoNotes may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

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Repeat Infringer Policy: In accordance with the DMCA, trademark and other applicable law, IasoNotes has adopted a policy of terminating, in appropriate circumstances and at IasoNotes ‘sole discretion, Users who are deemed to be repeat infringers. IasoNotes may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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THIRD PARTY WEBSITES/SERVICES

The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). IasoNotes has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and IasoNotes is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that IasoNotes is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that IasoNotes will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources. As an example of this, if you use the Platform through your mobile device, and you upload, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that IasoNotes is not liable for any loss or claim that you may have against any such third party.

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INDEMNITY AND RELEASE

You agree to release, indemnify on demand and hold IasoNotes and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that IasoNotes has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify IasoNotes for the costs of its defense (including, but not limited to attorney’s fees). If you are a New York resident, you waive New York Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

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DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IASONOTES AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IASONOTES AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

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LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IASONOTES NOR ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS;, (III) DAMAGES FOR LOSS OF GOODWILL;, (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF IASONOTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IASONOTES ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID IASONOTES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$ 100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

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DISPUTES

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ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

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Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

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Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv file suit in a court of law to address an intellectual property infringement claim.

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The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org.

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A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: IasoNotes, ℅ Legal Department, 101 Comac Street, Ronkonkoma, NY 11779 United States. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we are not successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (a) the amount awarded by the arbitrator; or (b) US$10,000.00.

Fees: If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than US$10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in San Francisco, California, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

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No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

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Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

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Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.

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Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

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TERMINATION

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You agree that IasoNotes, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

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USER DISPUTES

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You agree that you are solely responsible for your interactions with any other User in connection with the Services and IasoNotes will have no liability or responsibility with respect thereto. IasoNotes reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services.

GENERAL

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These Terms of Service constitute the entire agreement between you and IasoNotes and govern your use of the Services, superseding any prior agreements between you and IasoNotes with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and IasoNotes agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, New York. The failure of IasoNotes to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of IasoNotes, but IasoNotes may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform. IasoNotes may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms of Service shall prevent IasoNotes from complying with the law. IasoNotes shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.

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PRIVACY NOTICE

At IasoNotes, we respect the privacy of our Users. For details please see our Privacy Notice. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge IasoNotes’ collection and use of personal information as described in the Privacy Notice.

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QUESTIONS? CONCERNS? SUGGESTIONS?

Please visit the Help Center to learn more about IasoNotes platform or contact us to report violations or pose any question.