Terms & Conditions

Welcome to UNIVERSAL NOTES™. UNIVERSAL NOTES™, LLC (“UNIVERSAL NOTES™ ”, “we”, “us” and “our”) provides website features and online services to you subject to the following conditions. This TERMS OF USE (“TOU”) is a legally binding agreement made by and between UNIVERSAL NOTES™ and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”, “your”, “yours”).

If you visit or shop at the www.myuniversalnotes.com domain, or any related sub-domains (collectively the “SITE”), or otherwise use services offered by UNIVERSAL NOTES™ on the SITE, which includes, without limitation, both printed content, audio content and audio/video content (collectively, “Digital Content”), and access to all SITE pages, code and elements, whether through a paid subscription or free account (collectively, the “Service” or “Services”), you accept this TOU. Please read them carefully. This TOU will also apply to all visitors, users, and others who access the SITE and use the Services, whether or not they order any products, Services or other materials from UNIVERSAL NOTES™ or its authorized distributors (“Users”).

Access to and use of this Website are subject to the following conditions. Please do not use this Website unless you agree with these conditions.

BY CHECKING THE “I AGREE TO THE TERMS AND CONDITIONS” CHECKBOX OR BY ACCESSING OR USING ANY PART OF THE SITE, INCLUDING LINKING TO THE SITE, REGISTERING FOR AN ACCOUNT OR ACCESSING OR STREAMING DIGITAL CONTENT, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOU. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE SERVICES OR SITE (INCLUDING THE UNIVERSAL NOTES PRIVACY POLICY) YOU ARE REQUIRED TO FOLLOW THOSE AS WELL. THOSE POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS TOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TOU AND TO FOLLOW ALL APPLICABLE LAWS, GUIDELINES AND POLICIES, DO NOT ACCESS OR USE THE SITE AND LEAVE THE SITE IMMEDIATELY.

INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, UNIVERSAL NOTES™ RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOU AT ANY TIME. YOUR CONTINUED USE OF THE SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOU THAT MAY BE POSTED ON THE SITE. WE WILL POST THE AMENDED TOU ON THIS PAGE AND INDICATE AT THE TOP OF THE PAGE THE DATE THE AGREEMENT WAS LAST REVISED. NEXT TIME YOU VISIT THIS SITE, PLEASE VIEW THE TOU AGAIN AND NOTE ANY CHANGES OR AMENDMENTS THAT MAY HAVE BEEN MADE.

GENERAL RIGHTS AND RESTRICTIONS

Health Information

Universal Notes provides information about the general principles of medicine and its associated disciplines and is not intended as a working guide to patient care, drug administration or treatment.

Medicine is a constantly evolving field and changes in practice occur regularly. Universal Notes is not intended to be a substitute for the advice of a physician or other licensed and qualified medical professional. You should not use any information in Universal Notes to diagnose health problems or to administer treatment, and should always consult a physician prior to taking any action based upon the medical or health-related information found in Universal Notes.

Great care has been taken to ensure the accuracy of information present in Universal Notes. Universal Notes makes no representations or warranties whatsoever, express or implied, with respect to the completeness, accuracy or currency of the information presented.

Please contact the authors at senioreditor@myuniversalnotes.com to inform us of any errors or omissions.

Universal Notes does not assume any liability for any injury and/or damage to persons or property arising from or related to the material contained in Universal Notes.

Universal Notes is intended for individual use only. Display of material for an audience, such as in a classroom setting, is strictly prohibited except with permission from the authors or in situations where all audience members have also individually purchased the product.

Educational Use Only

All Printed and/or Digital Content are for educational and/or learning use only. UNIVERSAL NOTES™ is not responsible for the use of any knowledge, information or facts gained from the Printed and/or Digital Content in the practice of medicine, medical research or any and all related medical or science applications.

In addition, while materials available on the SITE may be useful for medical coursework examinations and qualifying examinations such as the COMLEX™ and USMLE™, you understand that UNIVERSAL NOTES™ is not affiliated with COMLEX™ or USMLE™ and does not (directly or by implication) make any guarantees that the materials provided by UNIVERSAL NOTES™ will be tested on these examinations, and does guarantee any results of students who take such examinations.

You must be an adult or have an adult’s permission

The Services and the SITE may only be used by individuals who are at least 18 year of age or older. You must be an adult, or have the express permission of an adult, to use the SITE. Your use of the Services, access to the SITE, making purchases, access or streaming of Digital Content or contacting UNIVERSAL NOTES™ will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law. Under no circumstances may you use the Services, access the SITE or provide any personal information about yourself to us if you are under the age of 13-years-old without your parent’s or legal guardian’s supervision and consent. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.

You must follow all laws

You must comply with all of the terms and conditions of this TOU, any policies referred to below or on the SITE, and all applicable laws, regulations and rules when you use the SITE.

Right to use the SITE

Subject to the terms and conditions of this TOU, you are hereby granted a limited, revocable, non-exclusive right to use the Services and materials on the SITE as required in the normal course of your personal use of the SITE.

  • Particular Restrictions: You also may not, without UNIVERSAL NOTES™’s prior express written permission, “mirror” any part of this SITE or any content contained on this SITE on any other server without the prior written permission of UNIVERSAL NOTES™. You may not download (other than page caching) or modify the SITE, or any portion of it, except with express written consent of UNIVERSAL NOTES™. This license does not include any resale or commercial use of the SITE or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the SITE or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The SITE or any portion of the SITE may not be copied, modified, reproduced, duplicated, distributed, transmitted, republished, displayed, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of UNIVERSAL NOTES™. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UNIVERSAL NOTES™ without express written consent. You may not use any meta tags or any other “hidden text” utilizing UNIVERSAL NOTES™’s name or trademarks without the express written consent of UNIVERSAL NOTES™.
  • General Restrictions Specific to Digital Content: The Services allow you to access and view Digital Content. Downloading, attempting to download, sharing or linking, by you or any agent, to any Digital Content is a breach of this Agreement. If you do not follow the TOU, we may issue a warning, temporarily suspend, indefinitely suspend or terminate any of your right to use or access all or any part of the SITE.
  • Specific Restrictions Specific to Digital Content: The license granted above is further limited by those restrictions with respect to “Authorized Devices” and “Non-Commercial, Private Use” as described under the heading “PURCHASING” below.
  • Limited Linking Right. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.myuniversalnotes.com so long as the link does not portray UNIVERSAL NOTES™, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not otherwise use any UNIVERSAL NOTES™ logo or other proprietary graphic or trademark as part of the link without express written permission.

Respect the rights of others.

Except in your ordinary use of the SITE and as described below, UNIVERSAL NOTES™ has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content belonging to any third party, including content from any other website that you access from this SITE. If we allow you to post anything on the SITE or if you send anything to us, you may not use, post or send any third party intellectual property without the express written permission of the applicable third party, except as permitted by law.

We (and our licensors) hold the rights to the Digital Content and SITE.

UNIVERSAL NOTES™ and its licensors will retain ownership of our intellectual property rights, including without limitation rights in the Digital Content, trademarks and other logos, text, graphics, icons, images, audio clips, video clips, digital downloads and the “look and feel” of the SITE and all products and services offered by UNIVERSAL NOTES™. You may not obtain any rights therein by virtue of this TOU, creating content to send to us or otherwise, except as expressly set forth in this TOU. You may not use any of our trademarks or service marks in any way. For example, you may not use any such marks as links to this SITE from other websites, or as machine-readable search terms, unless you have our express permission by separate agreement. Notwithstanding, you may “share” links to the SITE by using the third party sharing widgets we may provide on the SITE. You may not attempt to reverse engineer any of the technology used to provide the Services.

Software Use Restrictions

Any software that is made available to download from or use within the SITE (the “Software”) is the copyrighted work of UNIVERSAL NOTES™ and/or the manufacturers, authors, developers or vendors of such Software (the “Third Party Providers”). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (each, a “License Agreement”). An end user will be unable to install and may not otherwise use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of such License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. Installation assistance, product support and maintenance, if any, of the Software is available from UNIVERSAL NOTES™ and/or the Third Party Providers, as the case may be, in accordance with the terms of the License Agreement. SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF ITS LICENSE AGREEMENT. EXCEPT AS SET FORTH IN SUCH LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Other Users.

If you become aware of any conduct that violates this TOU, UNIVERSAL NOTES™ encourages you to contact us via the contact form at senioreditor@myuniversalnotes.com UNIVERSAL NOTES™ reserves the right, but will have no obligation, to respond to such communications.

THE SERVICE/REGISTRATION/COMMUNICATIONS

Registration.

You do not have to register, create a user account, or otherwise provide us with any information in order to visit the SITE. However, if you wish to purchase or access certain Digital Content or otherwise access special features of the SITE, including new features that may become available in the future, you will be required to register with us and create a user account (your “Account”), which will require that you provide us with certain contact (including a valid email address) information. If you are younger than 13, you will not be able to create an Account and instead must have your parent or legal guardian who is over the age of 18 create an Account. If you are over the age of 13 but less than 18 years old, you will be able to create an account with the permission of your parent or legal guardian who is over the age of 18. All information that you provide to us must be lawful, accurate, current and complete.

Consent to Communications from UNIVERSAL NOTES™

Areas of the SITE may request that you provide UNIVERSAL NOTES™ with your email address. By providing UNIVERSAL NOTES™ your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt-out of such Service-related emails by choosing the option stating you do not wish to receive such emails. We may also use your email address to send you other messages, including changes to features of the Services or news related to UNIVERSAL NOTES™. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates or improvements. Under no circumstances should you respond to a request for any passwords or other personally identifiable information, particularly a request from an individual claiming to be an employee of UNIVERSAL NOTES™. UNIVERSAL NOTES™’s employees will never ask for passwords or other personally identifiable information. You must notify UNIVERSAL NOTES™ if you receive such a request.

Passwords

Once you register for your Account, you will be prompted for a valid Username and Password whenever you want to make access certain aspects of the SITE or your Account. When you create your Account, you will be required to create a password. We also recommend that you change your password often, with an interval of no more than 30 days between password changes. You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. You must notify UNIVERSAL NOTES™ immediately of any breach of security or unauthorized use of your Account.

Updates

You agree to update your Account with any changes to information you provided to us. You understand that it is important to keep the email address associated with your account current because although you may be able to log into your Account using an old email address, you will not receive messages from UNIVERSAL NOTES™ about your orders and other inquiries.

PRIVACY POLICY/SECURITY

Privacy Policy

You agree to the terms of UNIVERSAL NOTES™’s Privacy Policy, which is incorporated by reference into this TOU.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

YOUR ACTIONS

Overview

The SITE may offer opportunities for interactive activities in the future, which may enable you and other Users to communicate with each other directly, or which enable you and other Users to post information and other material that will be visible to other Users of the Services. To ensure a safe environment for all Users to freely participate and interact with the SITE, you agree that all interaction with the SITE by you may be used only for lawful purposes in accordance with this TOU.

Postings Become Public

If you are using any Services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the SITE and Services, such content can be seen by other Users, so please choose carefully the information that you post and/or provide to other Users (“User Created Content“). UNIVERSAL NOTES™ shall not be liable for any compensation, claims, or damages resulting from any use of any User Created Content, and you agree to defend and hold UNIVERSAL NOTES™ harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.

Prohibited Conduct.

  • No Harassment. You may not post or transmit through the SITE any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. You may not post or transmit through the SITE anything to otherwise defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the SITE or any websites linked to the SITE.
  • Unauthorized Activities. You may not use the SITE or Services or submit anything to us in a manner that: (a) involves, directly or indirectly, the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” or otherwise uses the communication systems provided by the Services for any commercial solicitation purposes; (b) permits unauthorized access to restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); (c) solicits or collects, manually or through an automatic process, passwords or personal identifying information about Users or other information related to the SITE or the Services for commercial or unlawful purposes; (d) involves unauthorized commercial activities such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) includes a photograph or video of another person that you have posted without that person’s consent; (f) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the SITE or which protects the Digital Content; (g) involves the use of viruses, bots, worms, Trojan horses, spiders, offline readers, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or any other methods or technology to interrupt, destroy or limit the functionality of the SITE, Services, or any computer software or hardware; (h) covers or obscures the banner advertisements or removes or obscures and proprietary notices on the SITE or Digital Content; (i) interferes with, disrupts, or creates an undue burden on the SITE or the networks or services connected to the Services; (j) impersonates or attempts to impersonate another User, person or entity; misrepresents your affiliation with a person or entity, including (without limitation) UNIVERSAL NOTES™ , uses the account, username, or password of another User at any time or discloses your password to any third party or permits any third party to access your Account; (k) sells or otherwise transfers your Account; (l) uses any information obtained from the SITE in order to harass, abuse, “cyber bully” or harm another person or entity, or attempt to do the same; (m) uses any meta tags or any other “hidden text” utilizing UNIVERSAL NOTES™ ’s name, trademarks, or product names; (n) creates a risk of any other loss or damage to any person or property; (o) may constitute or contribute to a crime or tort; or (p) assists any third party in engaging in any activity prohibited by this TOU.
  • No Infringing Postings. You may upload to or otherwise submit to UNIVERSAL NOTES™ for distribution on the SITE or as Digital Content only: (i) User Created Content that is owned by you or is in the public domain; or (ii) User Created Content in which the owner or licensor has given express authorization for you and UNIVERSAL NOTES™ to distribute over the Internet and as Digital Content for commercial purposes. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes, or otherwise use the SITE to infringe, misappropriate, or otherwise violate, any copyright, patent, trademark, trade secret, right of publicity or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” UNIVERSAL NOTES™ is entitled to presume that all User Created Content conforms to the foregoing requirements.

Removal of Content or Accounts

  • By UNIVERSAL NOTES™. UNIVERSAL NOTES™ may review User Created Content submitted to the SITE from time-to-time, but UNIVERSAL NOTES™ has no obligation to monitor User Created Content and undertakes no duty in this regard. However, UNIVERSAL NOTES™ reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. UNIVERSAL NOTES™ reserves the right, in its sole discretion, to remove your profile and your Account and/or deny, restrict, suspend, or terminate your access to all or any part of the Services for any reason. UNIVERSAL NOTES™ takes no responsibility and assumes no liability for any User Created Content that you or any other Users or third parties submits, including without limitation for infringement of copyrights. Any loss or damage of any kind that occurs as a result of the use of any User Created Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services is solely your responsibility. UNIVERSAL NOTES™ is not responsible for any public display or misuse of your User Created Content.

  • By You. We may allow you to delete certain User Created Content, which appears on the SITE itself. However, deleted User Created Content may persist in backup copies for a reasonable period of time. If another User obtained access to your User Created Content and copied or shared such content, your deletion of User Created Content will not delete copies of User Created Content shared by others.

Reporting

If you become aware of misuse of the Services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, UNIVERSAL NOTES™ encourages you to inform us at senioreditor@myuniversalnotes.com. Notwithstanding the foregoing, UNIVERSAL NOTES™ assumes no responsibility for ongoing monitoring of the SITE or for removal or editing of any User Created Content, even after receiving notice. UNIVERSAL NOTES™ assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the SITE.

Your Content

By emailing or otherwise transmitting any content to UNIVERSAL NOTES™, including but not limited to personal notes taken within the content, messages sent to others in the study group features, answers to various questions within the material designed for educational improvement, you accept that you will, and you hereby, automatically grant UNIVERSAL NOTES™, or represent and warrant that the owner or authorized licensor of such content has expressly granted UNIVERSAL NOTES™, the non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content, in whole or in part worldwide and/or to incorporate such content into reports and for the purposes of feedback directly to UNIVERSAL NOTES™ and other parties deemed appropriate to receive such information, in addition to other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content, including without limitation any marketing materials related to the SITE or UNIVERSAL NOTES™ in general.

If you are under the age of 18, prior to submitting anything to us, you must provide your parent’s or legal guardian’s contact information, and your parent or legal guardian must agree to grant us the license described in this section of the TOU to your work. Subject to this grant, the licensor of any content you submit to UNIVERSAL NOTES™ retains any and all rights which may exist in such content. You understand that submitting your content is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. You hereby irrevocably waive any claims based on moral rights or similar theories, if any. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this TOU.

OUR CONTENT

Copyright.

All materials on the SITE and available through the Services, including without limitation, Digital Content, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by UNIVERSAL NOTES™, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. Copyright © 2014 UNIVERSAL NOTES™, LLC and its licensors. All Rights Reserved.

Trademarks.

Product names, logos, designs, titles, and words or phrases used on any UNIVERSAL NOTES™ website, including, without limitation, UNIVERSAL NOTES™, are owned by UNIVERSAL NOTES™, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of UNIVERSAL NOTES™. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the SITE or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission.

Your Ideas.

You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place UNIVERSAL NOTES™ under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation or credit to you. You acknowledge that, by acceptance of your submission, UNIVERSAL NOTES™ does not waive any rights to use similar or related ideas previously known to UNIVERSAL NOTES™, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.

INTELLECTUAL PROPERTY POLICY

UNIVERSAL NOTES™ respects the intellectual property rights of others and expects its users to do the same. UNIVERSAL NOTES™ may remove content that in its sole discretion appears to infringe the intellectual property rights of others. It is also our policy to terminate the accounts of repeat offenders. If we remove or disable access to comply with the Digital Millennium Copyright Act we will make a good-faith attempt to contact the owner, author, or administrator of each affected account so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.

Infringement Notification

If you believe that content residing on or accessible through our website infringes a copyright for which you own or are a designated agent, please send a notice of infringement by Certified Mail with the information that sets forth the items specified below. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse. To expedite our ability to process your request, please use the following format:

  • Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works at the SITE are covered by a single notification, provide a representative list of such works.

  • Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit UNIVERSAL NOTES™ to locate the material. Include the specific asset(s) or page(s) that you claim to be infringing. Say entire work ONLY if all assets/pages in a collection/document are infringing.

  • Include details of your claim to the material, or your relationship to the material’s copyright holder.

  • Provide your full name, address, and telephone number should we need to clarify your claim.

  • Provide a working email address where we can contact you to confirm your claim.

  • If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

  • If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”

  • Sign the document, physically or electronically.

  • Send the document via Certified Mail to: Universal Notes, LLC 59 Derby Lane, Huntington, WV 25705

  • We will review your claim and determine its merit. If, after our review, we believe your claim is sufficient to remove the information from public view, we will do so immediately and provide you with confirmation. If your claim is insufficient to act upon, or, in our consideration the material has been posted with a good faith effort and compliant with the DMCA, we will notify you and provide you opportunity to clarify or seek additional remedy.

How do I file a DMCA counter notice?

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf). If you believe that your material has been removed improperly, you may file a counter notification. To file an official counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Elements of Counter-Notification

To expedite our ability to process your counter notification, please use the following format:

  • Identify the specific URLs of material that UNIVERSAL NOTES™ has removed or to which UNIVERSAL NOTES™ has disabled access.

  • Provide your full name, address, telephone number, and email address, and the username of your UNIVERSAL NOTES™ account.

  • Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which UNIVERSAL NOTES™ may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

  • Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

  • Sign the notice.

  • Send the written communication via Certified Mail to Universal Notes, LLC 59 Derby Lane, Huntington, WV 25705

THIRD PARTY SITES

The SITE may contain links to third-party websites, advertisers, or services that are not owned or controlled by UNIVERSAL NOTES™. Information provided to this website by third parties has not been independently authenticated in whole or in part by UNIVERSAL NOTES™. Such links to other websites from this SITE have been provided for your convenience only. UNIVERSAL NOTES™ does not endorse, sponsor, or approve any of the content of such websites. UNIVERSAL NOTES™ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from the SITE, you do so at your own risk, and you understand that this TOU and UNIVERSAL NOTES Privacy Policy do not apply to your use of such SITEs. You understand that UNIVERSAL NOTES™ does not provide, sell, license, or lease any products or services other than products and services specifically identified as being provided by UNIVERSAL NOTES™. You expressly release UNIVERSAL NOTES™ from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on such third party SITEs or the SITE (if applicable), including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that UNIVERSAL NOTES™ shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We encourage you to be aware of when you leave the SITE, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

REPRESENTATIONS AND WARRANTIES

You represent and warrant to UNIVERSAL NOTES™ that: (i) you have the full power and authority to enter into and perform your obligations under this TOU; (ii) your assent to and performance of your obligations under this TOU does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOU constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the SITE or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the SITE, including this TOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold UNIVERSAL NOTES™ and its employees, representatives, agents, attorneys, affiliates, directors, officers, and members (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this TOU by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to content you submit, (ii) arising from, related to, or connected with your use of the SITE or the Services, (iii) any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future). If you are obligated to provide indemnification pursuant to this provision, UNIVERSAL NOTES™ may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of UNIVERSAL NOTES™.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

DISCLAIMER OF WARRANTIES

UNIVERSAL NOTES™ PROVIDES THE WEBSITE, DIGITAL CONTENT, SOFTWARE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNIVERSAL NOTES™ DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, DIGITAL CONTENT, SOFTWARE OR SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS OR OTHERWISE CURRENT OR COMPLETE, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (V) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR (VI) OR THAT THIS WEBSITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNIVERSAL NOTES™ MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOU, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. UNIVERSAL NOTES™ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UNIVERSAL NOTES™ WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

EXCLUSION OF DAMAGES

To the maximum extent permitted by applicable law, in no event shall UNIVERSAL NOTES™, its affiliates, directors, associates, partners, agents, employees or representatives be liable for any indirect, exemplary, punitive, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the website or services, regardless of the cause of action on which they are based, even if UNIVERSAL NOTES™ or such other PERSONS OR ENTITIES have been advised of the possibility of such damages.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE LIABILITY OF UNIVERSAL NOTES™ IN CONNECTION WITH THIS TOU, THE WEBSITE OR SERVICES EXCEED $1,000.

ADDITIONAL RIGHTS

YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OF RESIDENCE.

International Use.

The SITE and Services are controlled and operated from facilities in the United States. UNIVERSAL NOTES™ makes no representations that the SITE and Services are appropriate or available for use in other locations. Those who access or use the SITE and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.

UNIVERSAL NOTES™ will not be liable for failing to perform under this TOU by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to UNIVERSAL NOTES™ to perform, fire, terrorism, natural disaster or war.

DISPUTES

In light of UNIVERSAL NOTES™ ’s substantial contacts with the State of West Virginia, and your and our interests in ensuring that disputes regarding the interpretation, validity and enforceability of the TOU are resolved on a uniform basis, and UNIVERSAL NOTES™ ’s execution of, and the making of, the TOU in West Virginia, you agree that: (i) any claim, cause of action or dispute you have with UNIVERSAL NOTES™ and any litigation involving any noncompliance with or breach of the TOU, or regarding the interpretation, validity and/or enforceability of the TOU, must be filed and exclusively conducted in the state or federal courts in Cabell County, West Virginia; and (ii) the Agreement shall be interpreted in accordance with and governed by the laws of the State of West Virginia, without regard for any conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in Cabell County, West Virginia for these purposes. Any claim or dispute between you and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Cabell County, West Virginia, unless submitted to arbitration as set forth in the following paragraph.

LIMITATION ON ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the SITE or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

CHANGES TO THE SITE OR SERVICE

UNIVERSAL NOTES™ may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the SITE or the Services, temporarily or permanently, at any time without notice to you, and UNIVERSAL NOTES™ will not be liable for doing so. This SITE could include inaccuracies or typographical errors.

TERMINATION

UNIVERSAL NOTES™ will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your access to the SITE or Services, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of this TOU, or (ii) your violation of the rights of any third party.

NOTICES AND ELECTRONIC COMMUNICATIONS

Except as otherwise specifically provided in this TOU, all notices required by or permitted to be given under this TOU will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to UNIVERSAL NOTES™, you must use the address shown on the SITE. If UNIVERSAL NOTES™ provides notice to you, UNIVERSAL NOTES™ must use the contact information provided by you to UNIVERSAL NOTES™. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if delivery by U.S. Mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.

MISCELLANEOUS TERMS

Software made available on this SITE may be subject to United States export control laws, which state that certain software cannot be downloaded from this SITE to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software made available on this SITE, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list. This TOU contains the entire understanding of you and UNIVERSAL NOTES™ regarding the use of the SITE, and supersedes all prior and contemporaneous agreements and understandings between you and UNIVERSAL NOTES™ regarding its subject matter. This TOU will be binding upon each party hereto and its successors and permitted assigns. This TOU and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of UNIVERSAL NOTES™. No failure or delay by a party in exercising any right, power or privilege under this TOU will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOU. You and UNIVERSAL NOTES™ are independent contractors, and no agency, partnership, joint venture; employee-employer relationship is intended or created by this TOU. The invalidity or unenforceability of any provision of this TOU will not affect the validity or enforceability of any other provision of this TOU, all of which will remain in full force and effect.